I have a judgement against me and have set up payments with the attorney back in January. I was a few days late with the February payment (due the 25th each month) mostly because I didn't have the money to pay. I got a letter on March 7 dated the 5th saying I needed to send payment immediately if I wanted to continue being allowed to have installment payments. I didn't call (probably stupid on my account)because I had already sent the payment when I got the letter. The payment cleared on March 11 and I didn't think anything of it and sent my march payment on time and it was cashed on March 29th. Then on April 18th my entire bank account (everything I had in the world) was cleared out to 1 cent. I called and the paralegal assigned to my case said it was bank levied because I "didn't make a payment in february". I stated I did and it cleared the bank on the 11th. He said it had to be there in february. I asked about the letter he had sent. I told him I got the letter, dated the 5th on the 7th of March a thursday and he had a check cleared by the following monday. (he had previously argued that I could have not sent the check till I received the letter even though I did send payment before that). When I told him that it is resonable to assume that if I did send the payment after I got the letter from him and it cleared 6 days (including a weekend) that should have satisfied his request for immediate payment. He told me I was simply grasping at a gray area. And he said I should have sent a double payment by the 15th anyway for it to have counted and them to not garnish my bank account. No where in the letter did it say I should remit a double payment to bring the account current.
I guess what my question is, is do I have any recourse for recovering my money that was taken out of my bank account based on all of this that transpired with the paralegal? (I didn't tape any of the converstations but he assures me he always tapes them)
1 Answer from Attorneys
You can file a motion to quash the banishment. The creditors attorney had to send you a notice if the garnishment, and an explanation of how to contest the garnishment or claim exEmptions. Do it quickly, before it's too late.