Legal Question in Civil Litigation in Virginia

Garnishment

I was notified that my checking account was being garnished for nonpayment of a court documented note. I furnished copies of all the cancelled checks stating I had paid in full. On the garnishment it said the court date waws on April 8. I brought all documents to court on that date but the other guy won because they said I didn't contest the garnishment within 21 of the person getting it. I was never notified the garnishment was taken out because of the way the court note was worded. Why did I have to pay 2x's for this note?


Asked on 4/23/05, 3:58 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Garnishment

You should contact "the other guy" and request the appropriate refund. If that fails, your remedy is small claims court to recoup your funds.

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Answered on 4/23/05, 8:58 am
Jonathon Moseley Jonathon A. Moseley

Re: Garnishment

I know of no basis for saying that you had to object by a certain date. You should have objected for a number of certain grounds. However, if you do not owe the money, the court should have denied the garnishment regardless.

Also, if there was an attorney involved, and the attorney asked for the funds which you do not owe, you should file for sanctions for making a motion that is not "well grounded in fact" or "warranted under existing law" under Va. Code 8.01-271.1

Especially if the attorney does not return the funds, file for sanctions as well as for a refund.

You can try filing a motion for reconsideration in the existing case as a way of avoiding paying the filing fee for a new case.

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Answered on 4/24/05, 2:03 pm


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