Legal Question in Credit and Debt Law in Minnesota

Garnishment

My wife owed a hospital bill for $949.00. A law firm garnished our checking account for the $949.00 (9/19/04). It was paid in full from the garnishment. On 12/14/04, we rec'd another garnishment notice on the same bill. The bank emptied two accounts - only $35.24. We just received another notice that they are now going after my wife's wages. I feel we should now counter sue because these are just harassement based garnishments. The last one is requesting an aditional $384.79.


Asked on 3/06/05, 2:29 pm

1 Answer from Attorneys
Sam Calvert Calvert Law Office

Re: Garnishment

Hard to know what's up here. The ORIGINAL bill was $949. What is the current bill? If the bank actually sent the money to the creditor there must be a judgment in place (garnishment just "freezes" the money awaiting a levy) so you could check with Court Administration to find out how much the judgment was for; the creditor must notify the court how much they have collected on a periodic basis. Also, did they give you the exemption notice for the funds, and did you meet any of the tests (wages, public assistance, etc.) to keep the funds in Sept.?

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Answered on 3/06/05, 3:20 pm


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