Judgment Vacate - Can I collect on previous Garnished Wages?

[jlew]

Hi,

Prior to having my judgment vacated by Civil Court of New York on February 24th, the collection agency had a marshall garnish my wage. The Marshall should have gotten the letter I've sent to him to stop all garnishments because I got order from the court to stop income execution. The letter (certified) was sent to the debt collector as well as the marshall. But they went ahead and garnished my check for a week (Nov 15th).
I called the Marshall and they told me I had to call the debt collector to get the money back.
I called the collection agency and they told me that the garnishment was before the vacated judgment and they do not have to send me back the money. I have all the documentations from the court to stop income execution but they went ahead for that week.
Can I get my money back? Should I send a certified letter to the debt collection agency with all the court proof documentations stating my wages should not be garnished? If they refuse, can I sue them to get my money back?

FYI: The debt collection agency is not pleased with me at all. I won the case based on the fact they couldn't produce proof of service.

Much appreciated on any advice given.

[nikkilt28]

Ok, just speaking from my own experience. I had a wage garnishment against me. They were taking almost $500 a month, and I had to file a bankruptcy. Once the BK was filed, they are supposed to stop immediately, yet they garnished another check. I contacted the courts for my area and explained the situation and they told me the same thing. You have to contact the original creditor because it is their responsibility to stop collecting. I called the original creditor. By the time I faxed all the proper paperwork proving the dates of the BK, another check had been garnished. For 3 weeks, I had to harass the creditor. Future garnishments had stopped, but I still had to recover the lost wages from the date of the filing of the BK to the present.
If you have the paperwork proving the stop on the garnishment, they have to stop and refund the money taken, starting with the date on the paperwork. At least that's what my BK attorney told me. But believe me, they are in no hurry to send it back once they've got it.