If a garnishment was canceled because the law office thoughtI no longer worked for my employer, how long does it take for them to start another garnishment?

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If a garnishment was canceled because the law office thoughtI no longer worked for my employer, how long does it take for them to start another garnishment?

My employer did withhold 25% of my income for 7 months to satisfy the debt; it was one payment away from being finished with the garnishment. They contacted the company to find out they thought I no longer worked for my company so they canceled the judgment. Now my company is sending me a check for what they withheld. I want to negotiate with the creditor for a lower amount. What rights do I have?

Asked on November 14, 2011 under Bankruptcy Law, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the wage garnishment ended because the judgment creditor thought that the amount that you owed on the judgment was satisfied, the creditor can start another wage garnishment with your employer if it desires. It can take a couple of months to reinstate it. Your rights are that you owe the money and 25% of your wages per paycheck can be withheld.

Rather than going through the the trouble of having to deal with such a proceeding, I would reach an agreement with the creditor to pay the balance off in monthly installments since you are so close to getting the full satisfaction of the judgment.


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