Issues I have with the garnishment:
1) The debt already paid in full over 5 years ago ;
2) the judgement or writ sent to my employer was dated March 2008. On the writ is clearly states that it is only valid for 180 day. i.e., Expires 180 days after issue.
Now the collection agency has 5k they were not entitled to. How do I get it back? I consider this to be fraud and/or theft. Should it be reported as such? Can I hold my employer responsible for giving my money away to someone not entitled to it?Correction, the judgement war from 2008. A new writ was issued this year in Oct. But there is still the issue of the debt already being paid off. The problem i have now is the paperwork showing that was paid (I am certain it was paid in 2008-9 and I believe my credit report at one time even reflected that it had been paid.) I can't find anything saying that it was paid. I also have a few thousand the Gov owned me from tax returns I never got. If anyone is interested I will give 50% of anything recovered. I don't have time to deal with this crap and can't see chasing what is now bad money (money I consider to be gone with little chance of returning) with good money trying to recover it so I will probably will just let them keep it anyway.
Once you got served with garnishment papers from this new debt collector, you should have retained counsel and traversed this garnishment in order to stop the collection process. Now, you will be required to sue the debt collector to get your money back, and to recover statutory damages and attorney's fees. You need to go to the court, and pull copies of the court papers where you paid off this judgment in 2008. You then need to employ an attorney to sue this debt collector for violations of the FDCPA. It is a violation of the FDCPA to collect a debt that has previously been paid. Go see an attorney ASAP.
There is a recent trend where a debtor pays a debt in full, then the former creditor sells the account to a debt collector who then tries to collect again, and then when that fails, sells it to another debt collector until one of them sues. Because each is considered a new debt collection agency, they seem to evade being sued under the Fair Debt Collection Practices Act. However, to avoid even more trouble they sue you anyway.
Somehow it seems you satisfied this, according to what you wrote, but failed to get a satisfaction of judgment, or, there is a satisfaction of judgment and it was either not filed, or it was not recorded -- or it was and the clerk issued the writ anyway.
Step 1: File a motion to vacate or satisfy the judgment. As you said, you need proof you paid it off. If you go to your bank you can get up to 7 years of cancelled checks and statements.
Step 2: Move to reopen the Writ and quash it.
Step 3: Once the judgment is deemed satisfied, you have to sue whoever received the funds for restitution or petition in the original case for a writ of restitution.
Click on "Find a Lawyer" above and locate an attorney who specializes in Debt Collection defense work.
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For this matter, I urge you to confer with an experienced debtor - creditor attorney so she may assist you. Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
Here's the problem - you can't seem to prove you paid this judgment. Check with the courthouse that issued the judgment and see if a Satisfaction was ever filed. You should also contact the original creditor or their attorney - that information would also be in the file - to see if they have proof you paid this judgment. For that amount of money, your bank would should also be able to pull up the old check or account record showing the payment.
If, after all that, you still cannot prove you paid this judgment, then I'd say your options are limited. Your employer was required to garnish your income (and, if they managed to pull $5k in one month from your income, clearly you have a substantial income) when they received the garnishment order. Once you learned of it, you should have immediately contacted the garnishment attorney and disputed it. But, again, if you can't prove you paid it, then I'd say you're out of luck - suing them for the money won't do any good because it will be YOUR responsibility to prove it was paid.
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