Friday 24 October 2014

If I agree to lift wage garnishment and allow debtor to make payments to me directly after drafting a new signed/notarized contact- Can I re...

Question

If I agree to lift wage garnishment and allow debtor to make payments to me directly after drafting a new signed/notarized contact- Can I reinstate the wage garnishment if he stops paying?



Answer

I would thirnk that the new contract would almost void the judgment. If in fact you have filed the wage deduction proceeding, you could enter an Agreed Order in that proceeding, rather than a new contract/ The problem is when the next creditor does a wage deduction proceeding while the debtor is supposed to be paying you. Then the debtor can probably no longer pay you and honor his agreement, but you can not restart your proceeding until the other one is done, and you are stuck.



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