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What would be the correct legal term for. . .


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Overcharging on a collected debt?

If a CA garnishes more than they should have and you want to get that back, for example. . .

Speak to your employer's business office. The Court should have sent a legal document (called a writ of garnishment here) to your business office noting the amount of the garnishment. If more than the legal amount was garnished, they must return it to your employer and then your employer will issue a check to you. Your employer should know how much was withheld and sent or you can look at your pay stubs. If it was more than allowed by the legal document, your employer owes you the difference.

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Overcharging on a collected debt?

If a CA garnishes more than they should have and you want to get that back, for example. . .

Consumer Fraud and theft. If the theft is over $1500, it is usually a felony under most local codes. It is also a statutory violation of the FDCPA which prohibits collecting or attempting to collect more than the debt amount (or judgment).

be aware, they are allowed to charge interest on a judgment at the statutory rate, usually 18% annually dating back to the date the judgment was rendered.

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