I received in the mail from my employer,the garnishment order they received for almost 800.00 interest. The collection agency makes it look like they have a judgement for this interest, when in fact,they are referencing the judgement case number for the original medical bill I owed, which I paid in full 8 years ago.This letter looks like a legal document, but many spaces are left blank, including the judgement amount and the county where the judgement was rendered. Also on the back, where it states if I want to contest the garnishment I should contact the county court clerk listed below,those spaces are also blank, so I am unable to contact anyone. How can they charge me interest on a judgement I paid in full eight years ago, and use deceptive practices to garnish my wages? Is this Legal?
You should contact a local consumer lawyer immediately.
If the judgment was truly paid in full, then no, they cannot collect and may be breaking the law.
However the wordings of agreements and judgment can some times be confusing. A lawyer can look over all of your papers o get a sense of what is happening.
The longer you delay in contacting a local lawyer, the harder the situation will be to deal with.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
You need to employ a local attorney to file a traverse to this garnishment. Your defense here is one of accord and satisfaction. You would allege and prove in court that you paid the judgment, and that the judgment should have been satisfied on record 8 yer ago. You would need to bring your settlement documents and payments documents into court to prove this. If you prevail on this traverse, you should employ the attorney to file a separate action against this debt collector for violating the Fair Debt Collection Practices Act. It is a violation of the FDCPA to attempt collect a debt that is no longer owed.
You need to go to the Courthouse immediately if possible to review the docket. Otherwise, you need to look for the contact information of the Clerk's Office and call the Clerk's Office to find out exactly what is going on. In any event, it appears that you would be filing Motion to Vacate this “garnishment" if you have already paid off the underlying Judgment and the Judgment that you paid off did not include any interest.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
I always tell clients that when they have a problem that involves legal or other documents, I must review the documents and the previous activity involved before I can answer questions about them and their implications. In Tennessee Courts, I have frequently seen debt collectors succeed in court simply because the debtor did not understand the law and the court proceedings. However, most times creditors and debt collectors win because the debtor doesn't even show up to court or otherwise challenge the things that the creditor or debt collector is saying. Courts in Tennessee are very understanding of people who represent themselves because they can't afford a lawyer in civil court. If you have received a notice regarding a debt and you dispute it, notify the creditor or debt collector in writing immediately that you dispute their claims about the debt. If a trial or hearing is set, be sure to show up. You have a right to be notified and present at any court proceeding that involves you. Take your evidence with you. That means all documents, communications, witnesses and any other item that will prove to the judge what has happened that that you are right. But, if you can get a lawyer to review your case and assist you, by all means that is best. You can never be as prepared, in most cases, as an attorney with significant experience in the area of debt and collections. In Tennessee there are several free clinics operated by various local bar associations. Contact the Tennessee Bar Association office in Nashville and the association will help guide you to one.
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