Quality Rental Service

On January 9, 1995, a judgement was entered in the Washington township small claims Court on behalf of [redacted] against [redacted] and [redacted] under cause [redacted].  The judgement amount was for $1,523 plus court costs and post-judgment interest.  [redacted]...

[redacted] was present at the hearing when the judgment was awarded to [redacted], however, [redacted] never made any payments on the judgment until a wage garnishment was initiated in 2011.  On November 3, 2011, the Court issued an Order approving $1900 in post-judgment interest.  According to the most recent calculation of court costs on August 26, 2014, the court costs were $136.  After all of the principal of the judgment, the court costs, and the interest have been added together, [redacted] owed [redacted] $3,559. As of today's date, contrary to [redacted] assertion that the judgment has been paid in full, there is a balance of $1,924.60 owning.  Please note that there is some delay between the time when wages are deducted from an employee, the employer sends it to the court, and the court sends the money to Peters & Steel; because of this, [redacted] may had more monies deducted from his wages than the $1,634.40 that Peters & Steel has received.
 
[redacted] has presented several legal issues that warrant responses.  First, pursuant to [redacted]. Inc., [redacted] (Ind.App.2005), a judgment may be collected after twenty years; that said, it has still not been twenty years since the date of judgment.  Second, pursuant to IC 24-4.6-1-101, all judgments in Indiana accrue post-judgment interest from the date of the verdict until paid; the statute provides that the rate in [redacted] case is 8% per year.  On November 3, 2011 the Court issued an Order approving $1,900 in post-judgment interest.  Third, the Indiana Legislature has proscribed rules for wage garnishments in IC 24-4.5-5.  [redacted] employer, [redacted] is under a Court Order to deduct wages according to this statute and any deviation or erroneous calculation is their responsibility and not that of Peters & Steel.
 
[redacted] asserts that he has called numerous times and is unable to have his calls returned.  while this statement is factually true, the reason is that in all the messages [redacted] has left, he has never left a phone number where he can be reached; in fact, [redacted] has stated that he does not have a telephone.
 
The basis for [redacted] complaint is his claim that he received a paper indicating that he only owed $360.  Without seeing the document that has been referenced, Peter & Steel can only speculate as to what this document might actually indicate.  Most likely, this document indicated that he owed $352.63 which amount would have represented the remaining principal balance of $216.63 plus the court costs of $136.  Because interest continues to accrue, the most accurate figure cannot be calculated until all principal has been paid so the court often omits an interest amount and used the language "plus interest" until such time as an accurate figure has been determined.  Regardless of whether or not the purported document includes such language, judgment interest accrues by law as detailed above and neither the Court nor the plaintiff needs reference judgment interest in order to legally collect it.
 
[redacted] insinuates that there may be some wrongdoing on behalf of Peters & Steel because [redacted] was contacted  and did not supply his agent with information regarding the balance owed.  Peters & Steel is unaware of [redacted] record keeping practices and cannot state whether these record were destroyed or [redacted] was simply to unwilling to share them with a third party.  Regardless, both Peters & Steel and the Washington Township Small Claims Court have kept complete and accurate records.  I image that the Washington Township Small Claims Court would be willing to share its records upon request.
 
In conclusion, Peters & Steel, LLC has, at all times, been acting in accordance with the laws of the State of Indiana.  [redacted] has not been overcharged and the wage garnishment shall continue until the balance is paid in full.
Sincerely,
[redacted]