Legal Question in Real Estate Law in Arizona

My HOA won a judgment against me in October. The monies were garnished from my check until the balance was paid in full. The balance has since been paid but now the HOA and the law firm representing them are attempting to garnish more without any kind of suit or additional judgment. Is this legal or possible. Thank You.


Asked on 1/25/10, 1:06 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

It is wrong for the plaintiff or their attorney to garnish more than the amount of the judgment, plus the costs and interest which may have been awarded as part of the judgment. You should notify the attorney asap and demand that he file a satisfaction of judgment and repay to you any monies taken that were in excess of the judgment amount. Follow up on your contact with the law firm, diligently thereafter.

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Answered on 1/31/10, 1:25 pm


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