Legal Question in Credit and Debt Law in California
Judgment amount
Can the courts adjust the amount owed on a judgment. I am currently being garnished through my job for a debt i owe. When I went to my employer to make the final payment I was informed that i still owed about 300.00. After looking at my paper work the amount was correct due to court fees. I contacted the cashier at the court and she informed me that I have a remaining balance of 2300.00. Mt credit report states 5820.00 and my employer was ordered to withhold 6122.00. I know that a 10.00 svc fee is added to each payment but now i find that a 1.65 per day is also being added. Will the garnishment stop at 6122.00 or can the courts add an additional amount after the fact and continue to collect money from me.
1 Answer from Attorneys
Re: Judgment amount
The court can do anything it wants, as long as there is a legislative or judicial basis for doing so. In this case, it doesn't appear to me that you have any basis for adjusting the amount due. The $1.65 per day is probably interest, and by law the judgment creditor (the person you owe the money to) is entitled to receive interest on their judgment until it is paid in full. Yes, the judgment total will exceed $6,122 if you continue to pay it in monthly installments - it will continue to accrue interest, and for each payment you will continue to incur the service fee.
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