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What Happens If You Overpay A Garnishment? (Solved)
Wages | April 11, 2025 | Lee Paulk Morgan
Getting hit with a wage garnishment is stressful enough, but then you notice you’ve paid more than you were supposed to. Now what?
Does the extra money come back to you? Does it just disappear? Do you have to fight for it?
Overpayments can happen for all kinds of reasons. Sometimes it’s a payroll mix-up. Sometimes it’s just bad timing. Either way, it’s your money, and you probably want to know what happens next.
In this post, we’ll explain what happens if you overpay a garnishment, and what to do about it.
The Extra Money Might Be Refunded
In most cases, overpayments get returned to you automatically. The creditor might notice they’ve received more than you owed and send you a check for the difference.
This usually happens when the overpayment is obvious or substantial.
For example, if your garnishment was set to end after your March paycheck but continued into April, the creditor might spot this mistake during their regular account reconciliation. Some creditors have systems in place that flag overpayments quickly.
If you’re lucky, you might see that money back in your account without having to lift a finger!
But don’t count on this happening automatically. Most times, you’ll need to be proactive.
Also Read: How Long Does a Wage Garnishment Last?
The Overpayment Could Be Applied To Future Amounts
Now, if the garnishment was for something ongoing like child support, back taxes, or student loans, the extra money might not be refunded. Instead, it could be applied to future payments.
Basically, they just credit your account and you won’t have to pay as much (or at all) next time.
This isn’t necessarily a bad thing. It means you’re ahead of schedule, and that can give you some breathing room. But it also means your money is tied up for now. You don’t get to decide how it’s used once it’s there.
If you’d rather get that money back instead of using it for future payments, you’ll have to ask. Not all agencies allow it, but some do.
The Money Could Go Unclaimed Or Stuck
Sometimes, overpayments just sit. No one notices. Or worse—they notice but don’t do anything.
The creditor might not reach out. Payroll might not catch it. And the money basically disappears into a bureaucratic void.
This is especially true if there’s been a change in who’s managing your case—like the debt gets sold to another collector. Or you move jobs, and your employer never heard back from the court.
Unfortunately, if nobody notices this problem, your money could sit there for months or even years. That’s why it’s super important to keep track of your garnishment progress and notice when you’ve paid enough.
Don’t assume someone else is monitoring this for you!
Also Read: Can a Creditor Garnish My Wages After 7 Years
What To Do If You Overpaid A Garnishment?
So let’s say you notice an extra payment. Or your garnishment should’ve ended, but your wages are still being deducted. Here’s how to handle it:
#1 Verify The Overpayment
First things first – make sure you actually overpaid!
Check your garnishment order and compare it with how much has been taken from your paychecks. Add up all the deductions and see if they exceed what you actually owed.
Look at your final payoff amount, including any interest or fees.
Sometimes what looks like an overpayment might actually be legitimate charges you weren’t aware of. Double-checking your numbers upfront can save you a lot of headaches later.
#2 Gather Documentation
If you did overpay, you’ll want proof. You need to gather:
- Copies of your garnishment order
- Paycheck stubs showing the garnishment deductions
- Account statements from the creditor
- Any payoff letters or correspondence about your debt
The more proof you have, the easier it will be to show exactly how much was overpaid. Organize these documents chronologically so you can clearly tell the story of what happened.
#3 Reach Out To The Creditor
Now it’s time to make that call! Contact the creditor directly and explain the situation.
Have your documentation ready and be prepared to explain exactly how much was overpaid and when it happened.
Be friendly but persistent. The person answering the phone might not immediately understand your situation, so you may need to explain it clearly and calmly. Ask to speak with someone in the garnishment or legal department if the customer service rep can’t help.
Make note of who you spoke with, when you called, and what was discussed. This information could be valuable if you need to follow up later.
Also Read: How Can Wage Garnishments Be Removed?
#4 Contact Your Employer’s Payroll Department
Your HR or payroll team can be surprisingly helpful in these situations!
Let them know about the overpayment and ask if they can provide any additional documentation about when the garnishment should have ended.
In some cases, they might even be able to contact the creditor directly to help sort things out. They’ve dealt with garnishments before and might have relationships or processes in place that can speed things up.
Or if the mistake was on their end, they might handle some of the follow-up for you.
#5 Notify The Court (If Applicable)
If the garnishment came through a court order, it may help to loop in the court that issued it.
This isn’t always necessary, but in some cases, the court can provide confirmation that the judgment was satisfied. That letter can be super helpful when trying to stop future deductions or get your money back.
Some courts even have forms for requesting refunds or updating case status.
Give them a call or check their website if you’re unsure what to do next.
#6 Request A Refund In Writing (If Needed)
If the creditor agrees you overpaid but hasn’t done anything about it, make a formal refund request.
Keep it short and simple. Include your account number, the amount of overpayment, and a copy of your supporting documents.
You can send it by certified mail or email, but hang onto the receipt. That way, you’ve got a paper trail if things drag out or get messy later.
#7 Monitor The Situation
After you’ve reached out and sent everything in, follow up.
Don’t assume it’s being handled unless you hear back. Check in every week or two until the money is returned or the issue is resolved.
And keep checking your paycheck. If deductions are still happening when they shouldn’t be, speak up right away. The sooner you catch it, the less you’ll have to fix later.
Bottom Line
Overpaying a garnishment can be annoying, but it’s not the end of the world. In a perfect scenario, you get your money back, no big deal. But sometimes it takes a bit of legwork.
Don’t wait around hoping someone else will fix it. The sooner you jump in, the sooner you can (hopefully) get that extra cash back where it belongs—your pocket.
If it’s taking too long or you’re getting the runaround, don’t be afraid to get legal advice.
Lee Paulk Morgan
With more than 41 years of experience in the areas of Bankruptcy, Disability, and Workers’ Compensation, Lee Paulk Morgan is one of the most respected Bankruptcy and Disability attorneys in Athens, Georgia. His tireless dedication to serving clients has gained him the reputation of a premier attorney in his areas of practice, as well as the trust and respect of other legal experts, who often refer clients to him.
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