What to do if an overpayment was collected on garnishment but the attorney is ignoring our request for a refund?

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What to do if an overpayment was collected on garnishment but the attorney is ignoring our request for a refund?

Both mine and my spouse’s wages were being garnished for same judgment and there was an overpayment sent to plaintiff’s attorney by the court. The attorney is ignoring request for refund of overpayment and our attorney is not answering when I ask what can be done.

Asked on August 14, 2012 under Bankruptcy Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to file a motion in court for a refund and report both attorneys to the bar for unethical practices.  You cannot sit on this. Then, go to your bank and show what occurred and see if the bank would be willing to close the account and see it it can revere some of the withdrawals.


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