If my employer received a letter from an attorney stating my garnishment was not fulfilled, can they start to garnish again?

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If my employer received a letter from an attorney stating my garnishment was not fulfilled, can they start to garnish again?

I had a garnishment on my paycheck and my employer was served the garnishment paper stating the amount to be garnished $5,920 around that number. My employer sent the final payment to fulfill that amount 6 months ago. Then 2 weeks ago they received a letter saying that the was not the final payment and I still owed $2,222. This was not a letter filed in the court system just a letter from the attorney. Can they start garnishing my check again or do they need something filed from the court? Am I liable for the interest that has accrued for the last 6 months since it took 3 months for the attorney to notify my employer of this? What are my options?

Asked on February 1, 2012 under Bankruptcy Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You tell your employer to not garnish; that the judgment was not for that additional amount. Further, you order all three credit reports for free and see which reports show this judgment or garnishment. Then you basically dispute it with the credit reporting agencies so that they have an opportunity to dispute this charge and then you can see if this winds up simply going away. It can take up to 45 days or so, so be patient. Then, if you still get such letters, just ignore them and file a dispute with the state bar and state attorney general. Make sure you include the judgment, all relevant paperwork from your employer and proofs of payment.


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