After a garnishment is awarded and the amount ordered is found to be different in my favor, is the court order still valid?
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After a garnishment is awarded and the amount ordered is found to be different in my favor, is the court order still valid?
I was in dispute over the amount of a bill for health coverage. The hospital claimed we did not report our childs birth and were charging us for it. After we lost, it was found that we did report his birth and we did not owe that portion of the bill. Now the debt collector just used that judgement to empty our bank accounts. How is that legal? To me, its seems like being sued for steeling something, losing, being ordered to pay, then whatever was said to be stolen insuit is recovered yet the winner of the suit is still using judgement to collect money.
Asked on April 30, 2012 under Bankruptcy Law, Oregon
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have just had your bank account "tapped" by a judgment levy, I suggest that you immediately file a claim of exemption with the court and assert new "evidence" that a portion of the bill owed was not owed due to the issue of the reporting of your child's birth.
The problem that I see is that there is a judgment against you and the new evidence that you have written about appeared after the judgment was entered against you. As such, I recommend that you immediately consult with an attorney about the new evidence to see what can be done to place before the court this new evidence to assist you.
The problem for you presently is that the judgment against you is valid as is. You will need to file some motion with the court or get some stipulation from the judgment creditor that you are entitled to a reduction in the amount awarded based upon the issue of reporting the birth of the child that you have written about.
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