when are my garnished wages returned?

[j2t]

Hi,

I was able to get the garnishment amount lowered from $500 to $25 per paycheck. My court date was yesterday. They were successful in withholding one $500 payment before my court date. How soon do I get that back and does the levying officer send it back to my employer?

TIA

[I_Suck]

Just curious as to how you got it lowered from $500 to $25? How was that calculated?

[j2t]

Just curious as to how you got it lowered from $500 to $25? How was that calculated?

In CA, they can take up to 25% of wages. Upon receipt of the garnishment notification, I filed a claim of exemptions as I am a single mother of two children. The collections agency attorneys opposed my exemptions claims and said they would go lower to $200 per paycheck. It went to hearing. The judge lowered it to $25 per pay period. I still tried to get that lowered because after I filed the exemptions claims my expenses increased by $300/mo for my daughter's daycare. Judge wouldn't go for it. Said I had to pay something on the debt. I'm going to file bk anyway so I took the $25 ruling.

[j2t]

I am not sure you are going to get the first amount they took back. Did the judges order, order them to refund the first garnishment amount less the $25?

Generally, until you file your request (and you should do that before they initially whack your paycheck or bank account) what they get before the order they get to keep.

Here's the thing. I filed the claim of exemption the day after my employer received the withholdings order. The petitioner opposed, of course, and a court date was set for the week after the first the first chunk came out of my check. From what I read on the paperwork delivered by the levying officer, once the claim of exemption is filed, the "levying officer keeps the withheld earnings until the claim of exemption is denied or takes effect. At that time your earnings will be paid according to the law that applies to your case". So, from this I was under the impression that my first withheld funds ($500) are with the levying officer and, now that we know from the hearing that the order has been reduced to $25, they have to refund me the rest (minus admin fees). Am I misinterpreting this?

[j2t]

Update:

I just answered my own question. I have a copy of the ruling and it says that "all amounts in exess of the {$25} ......are to be released to the debtor". Thank goodness. I started to panic a little. Now it's a matter of when all this will happen.....

[Nicollette]

Hi,

I was able to get the garnishment amount lowered from $500 to $25 per paycheck. My court date was yesterday. They were successful in withholding one $500 payment before my court date. How soon do I get that back and does the levying officer send it back to my employer?

TIA

Ok, I'm confused about all of this. You said they garnished $500 before your court date? Did the creditor already win a default judgement before they garnished the $500?

[j2t]

Ok, I'm confused about all of this. You said they garnished $500 before your court date? Did the creditor already win a default judgement before they garnished the $500?

Looong story short.... Yes, there was a default judgment awarded in 2/07. I tried to settle with them. They refused. I didn't have money so didn't pay. The earnings withholding order was served on 7/22. I filed claim of exemption 7/23. They responded with opposition to claim of exemption on 7/27. Court date set for 8/26. The first EWO was set to occur on my 8/15 check and did for $500. Yesterday, 8/26, judged ruled to withhold $25 per check and to release any excess of that currently in levying officer's possession.

Now that I know what I know, I should have filed bk back in 07, or earlier, really.

[catleg]

Bravo! You done great. Those lawyers must have left that courtroom feeling extremely unhappy getting that $500 reduced to $25. And there's nothing like an unhappy collections lawyer to make my day!

[BigJohn]

Update:

I just answered my own question. I have a copy of the ruling and it says that "all amounts in exess of the {$25} ......are to be released to the debtor". Thank goodness. I started to panic a little. Now it's a matter of when all this will happen.....

I would say you did a pretty good job of this on your own. Congradulations.

[j2t]

The CA is Asset Acceptance, probably one of the most shady collectors in the nation. They gave me the run-around for a long time, got the default judgement and I had no idea. The amount they sued me for was twice the amount of any cc debt that I ever owed in my life. This was before I knew my consumer rights and was, thus, intimidated by them. I tried to work something out with them but they refused anything less than the full amount. So, I told them they would get nothing. The $25 is close to nothing. When I file bk, they will get the nothing that I promised.

[treehugger1]

I don;t think it is uncommon for a contested wage garnishment to continue. The garnished money goes to a court administrator until the case is settled. Sounds as if the local court allowed a settlement of $25 per month. Seems weird to me.