Can your wages be garnished at a later date with a new writ of garnishment if you have a prior release of garnishment?

Wage Garnishment 8 views 3 answers
Last year, my wages were being garnished. My employer received a release of garnishement and the garnishments stopped. My employer has now received a new writ of garnishment for the same debt. I thought that when my employer received the release of garnishment that the debt was satisfied.

Attorney Answers

3
Tim Eblen ·
Yes, a new writ of garnishment can be issued after a previous one was released. Thing to do is examine the "debt calculation" form that accompanies your copy of the writ that was sent to you, to see if it seems accurate to you. If you think the creditor has done something wrong, or you are having difficulty financially being able to pay debts, then invest time in consulting with a local bankruptcy and consumer attorney. Most firms will provide a free consultation to consumers to help assess their particular situation, giving options on how to proceed. Best of luck, Tim L. Eblen
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Michael Corbin ·
Yes, another garnishment can be issued. Just because your employer received a release on the first one does not mean the debt was paid - perform an accounting and see how much you still owe.
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Gregory Abbott ·
The issue is why was the prior Writ released. IF it was because the debt had been fully satisfied, then you should have then, or at least now, insist on having a Satisfaction of Judgment filed with the court and the current Writ immediately released and any garnished funds under it returned. If it was released for some other reason and amounts are still owed on the Judgment, then the creditor is free to issue new Writs of Garnishment as they believe productive. Either way, it is always wise for you to double check their accounting and be sure you are being fully credited for the amounts you have paid...and to check their calculations of the total amount owed as well. If you have questions or otherwise suspect errors, intentional or negligent, consider reviewing it all with a local consumer law or debtor defense lawyer. A single visit is likely to both educate you as to your rights and to answer your questions. Good luck.
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