Is there any way to get money back that was taken via bank garnishment on a settlement that the payments were current on?

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Is there any way to get money back that was taken via bank garnishment on a settlement that the payments were current on?

My husband found out 2 years agothat a judgement was levied against him from an eviction eleven years ago. Since he was made aware of the judgement he has been making monthly payments to settle the debt. His payments are current and we have copies of every cancelled check. We just found out today that the law office that is handling the debt garnished $2,300 from our bank account. We close on the purchase of our home next week and that money was for our down payment. We can prove that he has never made a single late payment. There was no reason for the law office to put a bank levy on our account.

Asked on March 12, 2012 under Bankruptcy Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a written installment agreement where money is paid on a monthly basis by your husband to the judgment creditor or his/her attorney, you and your husband need to carefully read the agreement to see if the judgment creditor is allowed to receive more than the monthly amount being paid.

If not, I would call and write the attorney about the problem you are writing about and seek the return of the $2,300 taken from your bank account. If the money is not returned and you believe that you are entitled to it, I would file a motion with the court where the judgment against your husband is and seek the return of the $2,300.

Your county may have a legal aid program to assist you in the above suggested process.


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