Legal Question in Credit and Debt Law in Colorado

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?

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

1 Answer from Attorneys

L. Eric Lundgren Lundgren Law Offices, P.C.
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Re: Won Judgment; Garnishment in Progress; Attorney Threatening to Sue Me

I suggest first that you retain counsel to assist you. No legal advice is complete before a review of the pertinent documents. However, if you choose not to retain counsel, I suggest that you ask the Court for a hearing on the matter and go explain to the judge that the check was not made out to you. The judge will make a final decision. You should also ask the Court to sanction the doctor or his lawyer if the doctor, through counsel, has taken a frivolous position.

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Answered on 8/17/03, 10:21 am

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