This is regarding a wage garnishment. How do I go about recovering my refund after a claim of exemptions?

Asked over 3 years ago - Los Angeles, CA

On July 21st, I was granted a modification for the amount of money taken from my checks. The initial garnishment was 25%...$354 which I haven't been able to get back from my July 15th check. I'm getting the run around from the sheriff's office regarding my refund. I've been dealing with rude clerks & receiving contradictory info. Currently, my case status according to their website reads "case stayed".. but there's no disbursement information showing....just zero amount. Initially, I was told that they would hold on the money while waiting for a response for the plaintiff to see if they would oppose the claim. After the ten days, there was no word. The Sheriff office claims they don't have my money--they claim creditor has it. What should I do? They play games. Just want my $354 back

Additional information

correction: sheriff office 'now' claims they don't have my money...they now say they need to wait till the creditor sends the refund to their office and will then forward a check to my payroll dept. My payroll dept hasn't received anything yet. What is the significance of 'case stayed'? Either the sheriff's office or plaintiff has my money & won't return it. Today is now August 5th. The modification was done July 21st. The same clerk I've been talking with now wants to change the story claiming I have no refund due. Initially, she told me that they would hold on the funds until the 10 days passed (for creditor to oppose the claim of exemption). They didn't oppose it. Then when I pressed harder, she claimed they don't have it...says plaintiff has it. What can I do? I am owed something since the modification was made. Instead of them taking 25% they will take only 5%.

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . Sheriff's office was legally required to hold the funds until the Claim of Exemption was heard and decided against you. Stop dealing with rude clerks and demand to see a supervisor. Have a certified copy of order on claim of exemption with you. Let them know if money is not refunded you will go back to court and get an order compelling sheriff to refund garnished amount.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . You could bring an action to get the funds back in State court but the funds may also be held and credited against future witholding.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more

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