It's time for some Fox26Law. Our legal analyst, Chris Tritico, is here to answer your questions. Watch Chris every Tuesday and Thursday morning on FOX 26 Morning News in the 7 a.m. hour.
QUESTION FROM DEBORAH: My husband cleared a child support claim in 1997 and DHS came after him for 47,000.00, but Aug. 6,2010, they agreed it was done and they'd refund his 528.00 taken from his disability (congestive heart failure) and garnished wages in 2006 would be returned.He showed that his ex was committing judicial fraud in 97 and he overpaid,but it was never reimbursed. Now, TX. doesn't want to return any of his money and I think its wrong as he needs it for Dr. fees an medicines. What is your suggestion on this matter. Thank you Deborah
CHRIS TRITICO'S ANSWER: As I understand it your husband had a garnishment order entered against him for a child support debt that he had previously paid in full. You now seed a return of the funds that were wrongfully garnished from his account. You do not have a claim against the State of Texas. You have a claim against the former spouse who obtained the wrongful garnishment order. While she probably has not money left, she is the proper defendant in this matter. The court that signed the garnishment order acted in good faith that the representations made were true and correct. The State simply has no liability here.
File suit against the former spouse you should get a judgment for the actual damages and attorneys fee's. That's the easy part collecting the judgment is the hard part.
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