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Relief from Judgment... so what about the bank garnishment?


gusto
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So the judge in the Cap 1 case granted me Relief from Judgment (see other threads) and I received the letter Friday. The judge is allowing me 10 days to answer outstanding discovery requests sent by the plaintiff back in August of last year --- requests that my former attorney did not answer.

So this is great, but I have not heard anything about how this affects my garnished checking account????

I asked an employee in the County Clerks office Monday while submitting my discovery responses, as well as my own discovery requests, when I would receive my money back from the bank garnishment -- since the judge did set aside the judgment. Of course, the employee did not know anything. I contacted my bank and the teller gave me the same answer. Yesterday I called the plaintiff's attorney -- Kramer & Frank, P.C. -- and spoke with an agent who took my information and said he'd get back with me. I still haven't heard anything.

Does anyone know how or if I am supposed to retain control of my checking account? I know that this may take some time since the order was just recently granted on January 27th and perhaps I am being a bit anxious. But I have not heard anything about this and nobody seems to know anything either??

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Guest usctrojanalum

Did you bring this up to the judge? Wasn't there a hearing scheduled on the issue of the bank account? what happened with that? Was the judge aware that you had a bank frozen, money taken?

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I submitted my Motion for Relief from Judgment to the court before my bank account was garnished. Once it was garnished, I submitted a Claim of Exemption and Request for Hearing -- the hearing was immediately scheduled for this past Monday. However, once the judge granted me relief from the judgment the court date was cancelled without any explanation as to the effects of this judgment on the bank garnishment. I assume the judge is aware of the garnishment since I did file the Claim of Exemption.

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I am wondering.... could this have been avoided if the OP here had taken the Claim of Exemption to the judge when asking for the Relief from Judgment and also filed a copy at the court house? Did it all at once so that the account would not have been allowed to be seized in the first place? I worry about this scenario also and I do not have a bank account that should be allowed to be sezied. It only has social security disability money in it.

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