Legal Question in Credit and Debt Law in Connecticut
Additional Judgement Beyond Court Wage Execution
I (the employer) received a wage garnishment on October, 2002 for an employee. The State of CT Superior Court form JD-CV-3 states amount unpaid $2201.22. Attached is a wage execution for service form from law office on behalf of creditor (served to me by Sherriff). The form outlines the following: $2201.22 amount due + $128.15 interest + $232.94 10% sheriff execution fee = $2562.31. The $2562.31 was the amount we took as the garnishment.
Now, February, 2004 we were served by Sheriff an adjustment to judgement balance issued by law office (not court). The form states that interest is due on original amount: $253.55 (10% interest on $2562.31) + $25.35 (10% Sheriff fee).
Can the law office representing the creditor tack an additional interest beyond court ordered amount owed? If yes, can the interest also apply to orignial Sheriff fee?
1 Answer from Attorneys
Re: Additional Judgement Beyond Court Wage Execution
Depends on whether a court clerk authorized the attorney to change the original execution. This sometimes happens if the attorney discovers an error, such as wrong judgment amount, wrong balance, or incorrect interest calculation.
Call the small claims court (from the amount I assume it's small claims) and ask for the clerk who signed the execution. If you can't read the signature, ask for the clerk who usually signs them, then fax a copy over. They will be able to tell you whether a change was authorized, and if not, what to do about it.
Worst case scenario, there is a form you can file with the court in which you explain that you have this money, that both the employee and the creditor claim it, and you want the court's instructions on what to do with it. A hearing is scheduled, which you don't have to attend - only creditor and employee need to go -- you just wait for the court's order and comply with it.
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