Legal Question in Credit and Debt Law in California
wage garnishment
My wife and I were sued for $1,600.00 and was ordered to pay the amount. The plaintiff ended up having my wife's wages garnished as well as mine. We both work in different counties and therefore the plaintiff was allowed to have my wages garnished out of Los Angeles for the $1,600 and my wife was garnished for $1,600 out of San Diego. Both of the garnishments have been satisfied, but the problem I have, is that the plaintiffs have now received twice the amount they were entitled to. The plaintiffs were informed by the San Diego Sheriffs department that they would have to stop the garnishments when they received the total amount they were awarded, but they did not and have now ''double dipped.''
What do I need to do to get the over payment back and is there a penalty for not stopping the garnishment when they received the amount ordered?
1 Answer from Attorneys
Re: wage garnishment
You have a lawyer write them a letter on lawyer letterhead demanding the return of the money, together with a form demand for an acknowledgement of satisfaction of judgment -- my standard fee for such matters is $150, I take PayPal. If they don't comply you can sue, and your attorney fees and costs will be part of your recoverable damages.
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