"Wage Garnishment After Paid In Full" Discussion

Upsolve Community Member
 Hi Merri, please find resource on wage garnishment https://upsolve.org/learn/category/wage-garnishment/

Upsolve Community Member
Merri, it might be helpful to contact the creditor to get more information. Generally speaking, a garnishment is only supposed to pay off the balance owed, not be a permanent arrangement. 

Upsolve Community Member
You might find it helpful to reach out to the creditor and determine if there's more debt than you expected, if an error happened, or something else. 

Upsolve Community Member
A lot depends on what state you are in, but garnishments can often be renewed or revived if the entire debt wasn't paid off. But as Claire mentioned, the garnishment is to pay off the balance owed, they can't collect more than you owe! There are also limits to how much of your paycheck creditors can garnish.  You might be able to file for an exemption. (Here's more info: https://upsolve.org/learn/wage-garnishment-exemptions/) You can also ask your employer for a copy of the garnishment papers to learn more about the garnishment. They got served too. (In fact, chances are they were supposed to give you certain notices.) Look at the notices and legal papers for a court name and maybe even a case number.  You can ask the court clerk for a copy of the judgment and it will state how much you owe. If you paid more than you owe or there's some other mishap be sure to talk to a consumer protection attorney! This article explains how a consumer protection attorney can help: https://upsolve.org/learn/what-is-a-consumer-protection-attorney/ 

Upsolve Community Member
Hi Elva, thanks for asking! This article might help: https://upsolve.org/learn/stop-wage-garnishment/

Upsolve Community Member
Great question! You'll want to make sure you list this in all of the following spots: (1) as a debt owed to the creditor that sued you, with their attorneys listed as additional notice recipients, (2) as a lawsuit within the last year, and (3) in yet another spot where it asks how much has been garnished from you recently.

Upsolve Community Member
Also check out https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ so you know what to do once your case is filed! 

Upsolve Community Member
For more information on lawsuits, check out this article about https://upsolve.org/learn/what-happens-when-someone-sues-you/. When you go through the questionnaire, there will be a section where you can disclose information about the lawsuit and about the garnishment.

Upsolve Community Member
Hi Samantha! I'm sorry you are having this aggravating problem! The Upsolve Learning Center has this article which might help: https://upsolve.org/learn/believe-creditor-listed-on-my-petition-has-violated-automatic-stay-what-can-i-do/ Additionally, this article outlines https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ As for the specific form, I don't know. Perhaps calling the court and asking them for the specific form #? 

Upsolve Community Member
I called the courthouse back and there is not a specific form, I just had to type something up that included my information, case number, a summary of what was transpiring with the garnishment after filing, put at the top of the page that it was a Motion for Sanctions for Violation of Automatic Stay, and send copies to the trustee, court, and the creditor. Sending it out today, wish me luck.

Upsolve Community Member
I found something that was along those lines, Samantha but I am not an attorney, so I couldn't say this was "the" way to do this but this makes sense now. I'm happy the court gave you an "answer" you sound satisfied with! Good luck! :-) 

Upsolve Community Member
Good luck Samantha! We'd love to hear about your experience filing the motion pro se and any advice you have for others!

Upsolve Community Member
Good luck, Samatha! Thanks so much for asking and keeping us updated. It really helps other Upsolvers, too! 

Upsolve Community Member
I sent in the paperwork last week and haven’t heard anything just yet. I assume it’s due to the holidays, however I will keep you in the loop on what does happen.

Upsolve Community Member
Generally speaking, unemployment overpayment is dischargeable in bankruptcy. 

Upsolve Community Member
If you haven't already, you might want to check our learning center for articles about https://upsolve.org/learn/unemployment-overpayment/. 

Upsolve Community Member
Great question! Keep on asking 

Upsolve Community Member
Be sure to check your unemployment records and receipts! The Unemployment office has been overwhelmed and it's possible errors in accounting or dates were made. You might also be interested in this article: https://upsolve.org/learn/will-bankruptcy-stop-wage-garnishment/