Colorado  |  Credit and Debt Law

Legal Question

Asked on: 8/17/03, 2:09 am

Won Judgment; Garnishment in Progress; Attorney Threatening to Sue Me

I won a judgment against a doctor for $900 plus court costs totalling $1143. In the judge's order, he stipulated that $400 could be deducted from the judgment if I had received a credit of $400 to my loan account. I had not. I filed a writ of garnishment on the doctor's bank account. Then,I received a letter from the doctor's attorney stating that I had ''illegally'' garnished the account (because I included the $400)and he would sue me for fraud unless I accepted a reduced amount of $500. I then filed a request to the judge to eliminate the $400 credit w/proof that I didn't receive it. The judge granted that motion ''until and unless'' the Dr could prove that I had received the amount. The attorney has sent a copy of a check for $400 to the court asking the judge to ''deny my request'' (which he already granted)but the check was not made out to me and did not have my account number on it. He's claiming that I have committed a ''fraud'' on the court. I have not!! The court is scheduled to send me the check this week. What do I do? File another request to the judge? Will this attorney sue me?

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