Judgement vacated!! How to get my money back?

[freshstart1]

I was previously sued by a landlord after moving out early due to failure for them to repair the heating system. Long story short they received a judgment of $2800 with 3.5% interest per year. The ended up garnishing my wages but then reporting to the court interst of 3.5% daily because they didn't understand what per annum meant. It went unnoticed for a few months but then last month I took them to court and the judge was so angry about their gross miscalculations (they said I owed $20000 due to interest) that he vacated the judgment and ordered them to pay back the funds. My question is, how do I get back the funds, especially those that were overpaid? Do I send them a letter? Do I file a motion or take them to small claims court? any help is appreciated!

[nysbadmk8]

I was previously sued by a landlord after moving out early due to failure for them to repair the heating system. Long story short they received a judgment of $2800 with 3.5% interest per year. The ended up garnishing my wages but then reporting to the court interst of 3.5% daily because they didn't understand what per annum meant. It went unnoticed for a few months but then last month I took them to court and the judge was so angry about their gross miscalculations (they said I owed $20000 due to interest) that he vacated the judgment and ordered them to pay back the funds. My question is, how do I get back the funds, especially those that were overpaid? Do I send them a letter? Do I file a motion or take them to small claims court? any help is appreciated!

 

 

What did the Judge exactly order? If he ordered the payments refunded, I would give those orders to the sheriff/constable and have them execute the order, sheriff sale, etc etc

[freshstart1]

The order reads: "Any funds currently held by the Plaintiff puruant to garnishment process are to be reimbursed to the defendant and garnishee discharged".

[Deadbeatloser]

Congratulations. They're grabbing their ankles now.

 

Call them up and ask when you can stop by and pick up your check?

[Phreedom]

I'm not sure how the SOL would play into this but I'm pretty sure they can still file the same lawsuit again. Perhaps this is a good opportunity for you to negotiate the debt? That would avoid it being reported to the CRA's.

[FromGoodtoGreat]

I would ask for every penny back and if they can file a suit again then I would negotiate at that point. ICAN may chime in and give you some advice regarding this. Who knows their hands may be tied and you can get every penny back.

[freshstart1]

Negotiate the debt for what? I've already paid it plus nearly 3000 more

[freshstart1]

Judgment was vacated due to their taking way more than allowed by law.

[FromGoodtoGreat]

Judgment was vacated due to their taking way more than allowed by law.

 

 

Get your money from their marigolds!!!

 

Congrats on the victory!!!

[freshstart1]

I'm trying lol. Just don't know if I have to do some sort of collection action like sending letters. I don't see them just paying me. And do I need a judgement from the court with an exact amount first?

[FromGoodtoGreat]

I wish I knew, sorry.

 

PM ICANHASMUNY, you will get sound advice on this.

 

TTT

[ICANHASMUNY?]

Yeah, but what state are you in ?

 

 

did the order list a time period, or was it Immediately? - what is the time period for Appeal in your state?

 

Wait for that time to run out - generally 10-14 days , you need to check the Rules of civil procedure

 

 

file a notice with the judge that they are in contempt of court order, haven't paid - He can order their arrest on contempt of court.