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I have overpaid and satisfied a judgment placed on me yet I'm still being garnished . How can I stop the garnishment ?

Detroit, MI |

A judgment was filed against me for credit card debt several years ago . I was making payments through installments . I missed a payment last summer and my bank account and wages have been garnished since . Between the installment payments and the garnishment I have satisfied the judgment yet I'm still being garnished .

Attorney Answers 3


First, generally, judgments accrue interest, so you may have may have paid the amount "listed" on the judgment, but if payments have been going on for several years, it is possible a balance may still be due.

However, if you feel you have paid the judgment; fist send a letter to the law firm handling the garnishment and demand an accounting. Odds are, they won't provide one, but you need to at least ask. Then, you would need to go back to the court that issued the garnished and file a motion to cease the garnishment and declare the judgment satisfied. At least by getting it in front of the court, it will force the creditor firm to respond (or if they don't), the judge might just rule in your favor.

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So I should ask for an accounting first and then file a motion to cease garnishment? Or ask for an accounting, wait for their response, and then file a motion to cease garnishment?

Matthew Scott Berkus

Matthew Scott Berkus


Ask for the accounting, give them a reasonable time to respond (maybe 2 weeks), then file motion. However, my advice is "very general", you will need to check your court's procedure and you should probably speak to a local attorney on specifically how to do what you are contemplating.


File a motion with the court to enter an order of satisfaction if you have paid the judgment. Until the court enters an order of satisfaction, the judgment will remain on your credit as an existing obligation and the court will continue to issue garnishments.

Jeffrey S. Kemm is licensed to practice law in the State of Michigan and the State of Missouri. This answer does not create an attorney-client relationship; you should exercise caution in disclosing information concerning your legal issues until you are certain you are protected by the confidentiality an attorney-client relationship creates. For additional information, please visit my website at

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Contact the plaintiff's attorney for the accounting as Mr. Berkus suggested, then go to the court.

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