Legal Question in Credit and Debt Law in California

Debt Collection
My wife had judgement against her concerning a debt and her wages garnished. Her employer deducted the necessary amounts and forwarded to the sheriff but the debt collector then applied to withhold her bank accounts, this despite my wifes' employer submitting a copy of the check numbers and amounts paid. My wife had complied with the original judgement but she now cannot use her bank accounts because of this action by the debt collector. What can we do to get this action reversed?

Asked on 12/23/08, 12:28 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

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Re: Debt Collection

Wage garnishment is only one method of enforcing a judgment and a creditor can use all available methods simultaneously. The Sheriff (or other levying officer) should only be collecting the amount owed on the judgment (from all sources), together with interest and the levying officer's fees pursuant to a writ of execution. If the levying officer has collected more than is owed on the judgment, you need to speak with an attorney in your area who can explain how to gain return of the excess amounts collected.

If the amount collected from the wage garnishment did not satisfy the judgment, then it will be difficult for your wife to get her money back.

Answered on 12/23/08, 1:21 pm

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