Sheila’s Wage Garnishment

It’s me again!!! I recently had my wages garnished from a car I had had voluntarily sent back. The original garnishment was $6242, JD Byrider/ CNAC. The garnishment was paid in late Mar. $325.00 bi-weekly for 10 months.

I get my paycheck today and there it is again…this time $365.00 with a balance of $2895.00. I called the payrol supervisor, she informs me the “garnishment company sent her a letter saying it was not paid and the garnishment should continue until I’ve paid $9,000.00. Is this legal?

I called the courthouse and spoke with a clerk and she says she has nothing on this???? What to do? Thanks in advance for all your wisdom!!!

Sheila

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Hi Sheila,

I would ask for a copy of the letter that was sent to your employer by the judgment creditor and compare that to the garnishment writ that was originally sent to your employer.  You may have an FDCPA 1692e(2)(a) violation for “The false representation of the character, amount, or legal status of any debt” (emphasis added) – whether that was done with the original writ of garnishment sent to the garnishee (your employer) or with the letter that was recently sent.  Only one is correct, right?

You should also be able to determine the approximate amount owed on the judgment (if any) by multiplying the relevant post-judgment interest rate times the judgment amount while subtracting the payments. 

Thanks for the questions and hope this helps.

Paul

Ecc 7:23 All this have I proved by wisdom: I said, I will be wise; but it [was] far from me.

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.