Garnishment trouble.

[JB_11974]

What is the name of your state (only U.S. law)? Oklahoma
I am forced by law to pay my exhusbands lawer fees that resulted in a custody battle with my son. I have been paying him $115.00 each month by mailing a check to his lawyer made out to the lawyers name and my exhusbands name. They have been cashing these checks as I have copies of the cancelled checks. My employer just received a garnishment request form thing from the court to garnish my check monthly for $215 until the total of $4300 is paid. How can this happen if I am paying monthly? The total amount on the garnishment, the $4300 is more than what the court said I had to repay. What can I do? The court says I have to either pay the full amount, do the garnishment thing or get a lawyer and dispute with the judge that I have been paying something. No monthly amount was ever set forth to pay. My lawyer said as long as I am paying a resonable amount it will be fine, well I cannot get her to call me back. Suggestions?

 

[ecmst12]

Time to get a lawyer.

 

[JETX]

How can this happen if I am paying monthly?

Though your post doesn't say it, presumably there is a judgment against you (hence the garnishment), correct??
The fact that you are paying something does not waive their right to pursue enforcement of the judgment. If you can't pay both (garnishment AND voluntary payment) stop the voluntary payment.

The total amount on the garnishment, the $4300 is more than what the court said I had to repay. What can I do?

The court order includes the amount, plus legal fees, plus costs, plus post-judgment interest. If the amount they are claiming exceeds the correct calculated total of these costs, you don't have to pay the overage. Ask them for an accounting of their claim.

My lawyer said as long as I am paying a resonable amount it will be fine, well I cannot get her to call me back. Suggestions?

Your lawyer is NOT correct. The garnishment process 'trumps' your voluntary payment(s) and must be complied with.

 

[JB_11974]

Yes, there is a judgement against me. My lawyer informed me about paying a resonable amount when the lawsuit was settled, way before this judgement/garnishment crap. I am guessing his lawyer is wanting more per month than I am paying hence the $215 per month he is asking. Yes the amount they are asking exceeds the amount in the settlement. Thanks for the help.