What recourse can I take in regards to wrongful garnishment?

Asked almost 4 years ago - Port Saint Lucie, FL

I received notice of garnishment 2 weeks prior to payday for a defaulted school loan. I setup a voluntary payment plan with the creditor, automatic payments through my checking account 3 days prior to payday. The creditor failed to contact my employer to suspend the wage garnishment until after payday. My wages were garnished and the voluntary payment were taken on the same day. The creditor manager acknowledged the error on the creditor representative behalf but stated cannot and will not refund my garnishment payment which they have not received yet since my employer mailed that payment to them. Is there any action I can take regarding this matter? Please help

Attorney answers (3)

  1. Thomas C Valkenet

    Pro

    Contributor Level 18

    Answered . every court has a procedure for filing in the garnishment action to dissolve the garnishment. See a local lawyer to walk you through this.

  2. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . Doubt there is any cause of action. You owe the debt so they can use multiple methods to colllect. The mistake will be fixed and I am sure they will stop the garnishment.

  3. Joshua P Friedman

    Contributor Level 14

    Answered . You need to have the garnishment terminated or file a total claim of exemption. Discuss this matter immediately with a local attorney.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com

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