Neither my employer or I were served with any notice that a new writ had been filed. The collection attorney contacted our payroll company directly and sent the original writ that was dismissed. Do I have grounds to make them stop garnishing my wages and can I recover what was already taken out?
Debt Settlement Attorney
Something's not right with this picture. I'm not sure what you mean when you say the dissolution was "file (sic) in January." But let's just say that if a dissolution was in fact entered, then what the attorney did was clearly improper. However, I find it hard to believe that an attorney would file a writ with your employer knowing that it had been dissolved. Again, something's missing. Go online or go to the Clerk of Court to look at the docket so you will know the chain of events.
3 lawyers agree
Please do check with the court and find out how to get a certified copy of the dismissal of the writ. Sad to say, but there are collection agencies that have tried to serve a garnishment order for credit card bills and student loans before a judgment was ever entered. If you have a certified copy of the order of the writ that was dismissed, bring it to your payroll dept and have them immediately remove it for the next paycheck. Then, you'll also have to call the collection agency/attorney and tell them to reverse the garnishment. You might ask the payroll dept to do it for you as well. If you are in the right and they garmished improperly and don't want to reverse payment, you'll need a consultation with an attorney to determine your next best step.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.