Plaintiff files this notice . . . . in the above - captioned cause . Does this mean there is no garnishment of wages or bank acts . I did not even know that there was a writ of garnishment to begin with . Paychecks don't show it . Bank acct . is near 0 . I try to keep it that way . pay cash as i go . Bank does not show garnishment . So what gives ?
Chapter 13 Bankruptcy Attorney
The dissolution of the writ of garnishment is just what it sounds like. A voluntary action taken by the plaintiff in a civil collection action terminating an attempt to attach or seize your wages and/or funds held in your bank account. Most likely, the bank or employer responded that there were no non-exempt funds available to be seized by the plaintiff or the lawyer was instructed (for whatever reason [likely economic in nature]) to stop attempting to seize such funds. It does tend to indicate that you are being sued by a creditor and should retain a local lawyer to look into the matter.
1 lawyer agrees
Lawsuit / Dispute Attorney
I agree with Mr. Gottlieb's answer. Without more information this is just speculation, but perhaps the creditor received information showing your wages are exempt from garnishment and wants to avoid any potential liability for an improper garnishment. You may want to have someone look at the court file and determine what is happening.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
Dissolution of writ of garnishment is exactly just that. The plaintiff has filed a motion in order to make the garnishment go away. This, as Mr. Murphy also explains, is most likely due to them receiving some sort of information stating that you fall under an exemption from garnishment. They would be in trouble if they knew about your exemption status and then continued with the garnishment, therefore they are probably dissolving such an action in order to avoid any liability. This is purely speculative of course.
With regards to you not knowing of the issue beforehand, that could raise some questions that may need to be examined, but I would suggest contacting a lawyer.
DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.