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Ex-babysitter Judgement

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luv4myhorses

Junior Member
What is the name of your state? VIRGINIA
My kids' ex-babysitter had filed a judgement claim against remaining child care money I owed her. Which I agreed I owed, but didn't want to pay after criminal complaint against her husband involving my oldest daughter. I got the date of the judgement court date mixed up, so judgement defaulted to her. The next day I filed a motion to have case re-heard, but clerk said judge would most likely not honor the case to be re-heard. As upset as I was about that, I paid the motion fee to just try. Judge denied case to be re-heard. I was then told I could appeal the case, but funds for the judgement would have to be paid to the court in order to do that. I of course did not have the money to do that. So within the allowed time, the ex-babysitter filed a garnishment for my wages. I found out by the court cases online. Hearing is in a couple weeks, but my employer hasn't be served yet. I was wondering if it's possible to just pay her the judgement amount, prior to the garnishment hearing to stop the garnishment? What happens if my employer is never served before the hearing? Also, the garnishment amount is $128 more than the default judgement amount. I'm sure that is court fees, etc. Which amount would I have to pay if paid before garnishment hearing? I would rather go bankrupt on the whole thing, but I wouldn't be able to do that until next year with the new bankruptcy law. Any legal help on this matter is greatly appreciated.What is the name of your state?
 


moburkes

Senior Member
What is the name of your state? VIRGINIA
My kids' ex-babysitter had filed a judgement claim against remaining child care money I owed her. Which I agreed I owed, but didn't want to pay after criminal complaint against her husband involving my oldest daughter. I got the date of the judgement court date mixed up, so judgement defaulted to her. The next day I filed a motion to have case re-heard, but clerk said judge would most likely not honor the case to be re-heard. As upset as I was about that, I paid the motion fee to just try. Judge denied case to be re-heard. I was then told I could appeal the case, but funds for the judgement would have to be paid to the court in order to do that. I of course did not have the money to do that. So within the allowed time, the ex-babysitter filed a garnishment for my wages. I found out by the court cases online. Hearing is in a couple weeks, but my employer hasn't be served yet. I was wondering if it's possible to just pay her the judgement amount, prior to the garnishment hearing to stop the garnishment? What happens if my employer is never served before the hearing? Also, the garnishment amount is $128 more than the default judgement amount. I'm sure that is court fees, etc. Which amount would I have to pay if paid before garnishment hearing? I would rather go bankrupt on the whole thing, but I wouldn't be able to do that until next year with the new bankruptcy law. Any legal help on this matter is greatly appreciated.What is the name of your state?
You're required to pay the total amount which includes the fees. However, while I understand that you may have had allegations (true or unfounded), to not pay HER because of something that HE did, was wrong. If you didn't want to pay her, then you pay it upfront, and ask a judge to award it back to you. Sorry that you're going through this with your child.
 
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