If a creditor did not receive the paymentsgarnished from my pay, should I ask my employer to put a stop payment on the old checkkand re-issue it?

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If a creditor did not receive the paymentsgarnished from my pay, should I ask my employer to put a stop payment on the old checkkand re-issue it?

My employer honored a garnishment request against my paycheck in 07/10. They sent the withheld funds from my paycheck to the garnisher in August 2010. The garnisher has now but an attachment on my bank account for the full balance. When I spoke to the garnisher they stated they did not receive the funds from my employer. My paystubs show the amounts withheld & my employer provided me with the check register & the check stub showing that they sent in the payment. The check has not cleared my company’s account.

Asked on October 28, 2010 under Bankruptcy Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Was this a one time garnishment or was it a monthly garnishment?  The way that you have phrased the question it appears to have been a one time deal.  And your employer appears to have complied with the garnishment request.  Get a letter from your employer and copies of all the supporting documentation and send it to the creditor.  She them that it was indeed paid and that the check was not cashed by them.  Ask them to release your account and you will request that the money be re-issued to them.  Technically you are being charged twice as the money already came out of your paycheck.  That can not be allowed.  If they do not comply call the state Attorney general's office. Good luck. 


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