Judgement Was Garnished 6 Years Ago, How Do I Get a Satisfaction

[Aestrada]

My question involves judgment recovery in the State of: Oregon
6yrs ago, I was garnished for a Small Claims Court judgement. The payments were sent to the creditor who is a private party, not a business. My credit report still shows this as not paid. I dont have my old paystubs anymore and my former employer only keeps payroll records for 5 years. The creditor has vanished, no phone number, his neighbors said he abandoned his house months ago. I have 5k of my money being held in escrow by a title company that they will only release to me if I can get the judgement satisfied or somehow prove that it has been paid. I provided the title company with a copy of the recorded writ of garnishment and they said that was not enough.

Can I have an Attorney subpeona my former employers cancelled checks that show they sent the payments to him?

[Mr. Knowitall]

Get your proof of payment together and bring a motion in the court that issued the judgment demonstrating that you paid in full, that the plaintiff did not follow through by filing the satisfaction of judgment, and asking that satisfaction be entered.

I do not know what records your former employer has with regard to payments. If you believe they have records, start by simply asking them to provide copies.

[Aestrada]

I did ask the former employer if they had records, they are not cooperative. They said they don't keep payroll records longer than 5 years and would not go back through their bank records. Can I get a subpeona for copies of the cancelled checks that they wrote to the creditor? I don't know how subpeonas work? Does a Judge have to approve it?

[AZDeputyClerk]

A subpoena is issued in a case by the clerk of the court. The subpoena duces tecum is an order from the court to the party named to make the items listed available for inspection which may include copying. The requirements for subpoenas can vary from one jurisdiction to another. Once served with the subpoena, the party served must make the items listed available for inspection on the day and time ordered or file a motion with the court to quash the subpoena. Failure to do as the subpoena orders without good cause can result in sanctions including fines or even jail.

In order to get the subpoena issued, you will have to present the subpoena and copies to the clerk's office and pay a nominal fee to have it issued. In Arizona, that fee is $26.00. Your local clerk office should be able to tell you what the requirements are to have a subpoena issued.

[SChinFChin]

I did ask the former employer if they had records, they are not cooperative. They said they don't keep payroll records longer than 5 years and would not go back through their bank records. Can I get a subpeona for copies of the cancelled checks that they wrote to the creditor? I don't know how subpeonas work? Does a Judge have to approve it?

I had a business which I sold 6 to 7 years ago. A situation came up with workmans' comp where my former employee claimed he was short paid, the records we submitted at the time was wrong. He got a lawyer, and sued. So I received a subpeona to attend a hearing with my books and records.

However, I no longer maintain payroll records from 6 to 7 years ago, and according to my attorney, I need to maintain payroll records legally up to 4 years only. I attended the hearing, and told them that we are no longer in possession of books and records for that time period, as I'm not legally required to keep them.

Does subpeona's work?? In my case, no. According to my lawyer, if they an end run around this, and subpeona my bank records, they won't succeed either. Never heard from that employee again after the hearing.

[Aestrada]

This is all great information thank you! I think instead of hiring an attorney I will take the advice of going to the clerks office and asking them what I need to file to get the records. I would hate to spend money on an attorney to get records that are no longer kept by the employer! What a mess. Thanks everyone for you help with this.

[SChinFChin]

This is all great information thank you! I think instead of hiring an attorney I will take the advice of going to the clerks office and asking them what I need to file to get the records. I would hate to spend money on an attorney to get records that are no longer kept by the employer! What a mess. Thanks everyone for you help with this.

I handle garnishments for several employers here in NYC. Here, a local marshall serves the writs of garnishment, the monies are then sent to the marshall, who in turn passes it along to the creditor. There is also a fee in there for the marshalls when they do the collections.

In the most recent one, just prior to the last payment, the marshall's office sent me a reminder saying there is so much remaining, so I know they keep an accounting record. What I am saying is besides your employer, and your creditor, there is a collection agent called a marshall in between, so if you know who the marshall is, then you can can also ask him. For my current employer, we are a small office, a copy of the writ of garnishment is also kept in the employee file, and the name of the marshall is on it. However, the marshall's office may have to dig into their files to find out how it was paid. I know our employees know nothing about this aspect since the process is between the employer and creditor only.

Also, I have to set up an account for the marshalls in our accounting system so the funds can be then transferred over to it, and then a check issued. So a simple check of our accounting system would reveal who the marshall is if I can't figure it out any other way. While we don't keep payroll records that far back, we don't generally delete customer or vendor files off the system. Not only that, we can determine what checks we issued to what vendors separately, and this not part of the payroll system.

Also a comment on your escrow account with the title company. Here in NY, if an escrow agent holds a sum of money for a certain period, it is not turned over to the creditor for various reasons such as the creditor cannot be found, at a certain point, the monies is turned over to the court. If you have the patience, and if have no luck getting a record of the payment from anyone before then, then you can approach the court at that point to say the creditor cannot be found, but the debt had been paid, the creditor cannot be located, so you'll collect the money that way.

[cmre3456]

Yes, by all means go to the court and get the file. It is probably now back with old records and there will be a clerk who handles that. Some Oregon courts require you to use one of the available computers to look it up yourself and then give info to the clerk who pulls the file. Most records clerks are helpful. The first time I did it there was an experienced pro se there who was nice enough to quickly find it for me, and to show me how for next time.

You're hoping to find out who processed the garnishment and go to them for records if necessary. It could have been the sheriff or a private collector.

I say "if necessary" because whoever collected that money was required to file that with the court.