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Judgement vacated!! How to get my money back?


freshstart1
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The last post in this topic was posted 3461 days ago. 

 

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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!

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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

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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.

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