judgement

[determine2009]

I have a judgement on my CR, which is a satisfied judgement. I had sent a letter to the attorney that put this judgement in on me and got a response back that if I filed a vacatur they would not fight it, however when I was going through my paperwork over the weekend, I found that when they did the garnishment on me that they actually took $98 more than what the judgement was for originally, so I have over paid them and they have never sent me a check back for this extra that I paid. What, if any, are my options on this?

[Anonymous]

Determine,

Personally what I would do is file the motion to vacate the judgment.  If they do not fight it and it is removed from your credit report then I would just chalk up the $98 as a loss for getting the judgment removed.  However if it is not vacated then I would call them and demand the remaining $98 be sent to you.  You are entitled to get this money back, but if you demand it before they vacate the judgment, this may anger them into fighting.  Tread carefully.  Good luck.

[determine2009]

Would asking them to file the judgement since they took $98 too much of my money be an option. I mean at the time they did this it was because I had used an attorney at their office to get a wage withholding for my child support and they did not even ask for this at all and just got my support raised by $6 per week. The reason I was unable to pay the support was because I again was not getting my child support (the reason I wanted the wage withholding in the first place) and so they garnished my wages and I was behind on every bill I had and ended up having to get another job to pay bills. The way I see it is for putting me in the hardship I was in I either would like for them to file the motion since they basically have the money to do it, or send me the money back so I can use it to pay another bill that I got behind on because they were garnishing my wages... a lot of my collecitons on my report stems from this garnishment. I have been nice about everything with them and plan to be just as nice to them with this, I just feel that they do not deserve the extra money when their attorney (which doesn't practice anymore) did not do his job in the first place.