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Can I dispute a claim regarding an unknown outstanding balance after garnished amount fulfilled?

Memphis, TN |
Filed under: Wage garnishment

My employer garnished my check for the entire judgement amount indicated in the writ of garnishment.  After calling the original debtor to reschedule a doctor's appointment they, told me that I had a outstanding balance.    I told them that my check had been garnished back in 2009 and to my knowledge had been fulfilled.  I was given the  number to the collections agency ( attorneys office) that handle the case.    I contacted the attorney's office to  confirm the amount was satisfied.  Now 5 years later, they claimed it is unsatisfied.  The unsatisfied amount they are claiming I have is more then the amount stated in the original writ of garnishment from courts.   They never contacted me whatsoever to tell me about the additional amount after garnishment of my check.  If they garnished my

Attorney Answers 2

Posted

If they are claiming additional amounts then you have every right to dispute the claim. You can file a dispute with the three credit bureaus, you can send a FDCPA dispute in writing to the law firm handling the account, and if a suit is filed (doubtful) you can argue res judicata that the account has already been sued upon. Good Luck.

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Posted

Thank you so much for your helpful advice.

Asker

Posted

I talked with the collections person in the doctors office this morning. She stated that the reason I had an outstanding balance in their office was because the collection agency got their money first before they sent them theirs. I am not totally sure about the garnishment process. I am just curious to know why the collecting agency didn't included their fees with the total judgement amount. Now they are telling me that caused me to owe them because collection agency got their fees first them sent them the rest. Now I still owe them and I had no knowledge of this. I will take your advice and further research and then possibly seek legal counsel.

Posted

You should also check into your states version of the doctrine of Full Accord and Satisfaction and if the lien was paid in full, you should check into your states penalties against creditors for not filing a satisfaction of the judgment lien within a prescribed period of time after satisfaction of the lien. You definitely should consult a local attorney concerning your options.

This answer expresses only general statements about bankruptcy and/or debt defense and does not constitute advice to you in any form and does not create an attorney client relationship between the party asking the question and the party providing the answer. Furthermore, all cases are fact specific and it is not possible to give you legal advice without a complete evaluation of your case or if you are already represented by an attorney. Therefore, this answer does not constitute legal advice of what you should do specifically in your case. You should seek local counsel to help you with your specific issues.

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Posted

Thank you so much for your advice. It was beneficial! Also just as a note. I have been under chapter 13 for the last 3 years. Everything (hospital bill, etc) that was on my credit report from the 3 credit bureaus that was added. It wasn't on either report. I just found out about it when calling to schedule an appointment for a needed procedure per my doctor, the referring physician. Again thanks and I will check the laws in my state.

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