• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wages garnished - court messes up - I owe more

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mike44107

Junior Member
What is the name of your state (only U.S. law)? Ohio

Ok, I try to condense this short as I can.


Have outstanding credit with Discover 10+ years
Open small business and use personal card to pay for resell. Customer never pays, debt slowly starts adding up. Barely keeping out of the red. Making $100 payments each month to Discover. Missing payment deadlines compounded with late fees and interest. About $30 of the $100 is going to the actual debt.. After awhile, completely give up, money is not paying debt off fast enough and almost all is going to interest and penalties. Decide to let it go into collects and catch up on other bills. Case is finally taken to court and settled with 2% interest rate and allow courts to garnish..

About three months before paid off I called the collection agency and request a letter stating how much has been paid and how much owed left. Fast forward, finally down to the last $75 owed, A new letter from collections comes in the mail contradicting how much I actually owe left. Then saying $190 vs. the $75. Cleveland courts ask me if I want to appeal. I say yes. Court date roles around. I bring all my paper work. Attorney brings all her paperwork. I show the letter saying how much I paid via pay stubs and how much I owed left. Attorney replies "well I don't have that information but here is what you owe actually. Judge won't look at our paper work and just gets annoyed that the attorney and I won't agree. Judge asks if the courts can do their own investigation and will be mail out the results.

A month goes by and I get a check in the mail from Cleveland courts for $249. I get excited, because I was just out of work for a month and that money was badly needed, wait a week and then cash the check to make sure no issues. . Almost another month goes by. I get a letter from the courts stating a mistake and that $249 was to be sent to the collection agency and I was to be credit just $8. Shortly after, I get a letter from the collection agency and now they want $300 the $249, plus $51 more..


Is there anything I can do? It's really a shock to me the courts can make a mistake and I have to pay back $50 extra!

I called the collection agency and the lady apologized and said she knows this was not my fault. However, they are entitled to that money..

I did not manage the credit card well and I admit to that. My credit has been hit and I have paid back the debt plus the interest agreed. However, when the courts take your money and are suppose to be in position to handle the situation, only to mess up. Do the courts really get to pass off the problem like that?



Thank you,

Mike
 


Zigner

Senior Member, Non-Attorney
You knew that you weren't entitled to that money. I would suggest that you pay what you owe ($300)
 

mike44107

Junior Member
You knew that you weren't entitled to that money. I would suggest that you pay what you owe ($300)
Wow, you must be one of the worst mind readers I have ever met on a forum? To ASSUME that I knew.. Here better perspective hopefully for you.

I assume -$75 is owed
Collection agency assumes I owe -$190
Court comes back credits ((ME)) for $249+
Then comes back and says actually credit me $8+
However, due to mistakes made by the court. I now owe $300-

So??? where did you get I knew that was not my money? Cause $249 was in none of the figures..
I agreed to the judges terms for this case to be examined by the courts accounting and that was the outcome.. If I was given a bill or check at that point! I WOULD ASSUME THE CORRECT JUDGMENT WAS MADE AT THAT TIME! I ASSUMED THE COURTS DID THE CORRECT CALCULATING AND CAME UP WITH THAT FIGURE!
 

single317dad

Senior Member
Regardless of what you knew, the court has decided. Pay what the court has ordered, ignoring what the collection agency "wants". If you don't receive a release and satisfaction after paying what the court has ordered, return to court.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top