i had a truck repo'd and now the creditor is garnishing my wages?

Question

According to the creditor i didnt pay for 6 months.(but i did). But fact of the matter was i wasnt the best at paying on time and didnt keep any reciepts. Now my wages are being garnished and it sucks. Now i keep all receipts. My question is, is there any possible way to lighten this garneshment or get rid of it completely. all its gonna do is put me in debt way more. and not just me but my fiancee now too. I fully understand its my own stupid fault for letting this happen but now i need to fix it so i can put this behind me and carry on any input would help.

Answer 1

First off, if they repo'd the truck and are still garnishing your wages, then they got the truck, sold it, and are collecting on the remaining balance. Most people realize that creditors can and will do that.

Your options are to contac the creditor and see if you can make a payment to them directly. In most cases creditors have to pay a fee or keep filing paperwork to maintain or keep a garnishment. So if they can get something from you directly, that will save them some of that hassle. They'll probably want to do an autodraft or debit from a checking account though so they are assured they'll still get their money
You can also try doing a settlement on it.

If you can't work anything out with the creditor, then your best bet would be to file bankruptcy. That will stop any type of legal and collection action. Yes, it will suck and hurt your credit, but it will give you a better chance to rebuild. A lender may be give you a second chance if you filed bankrupty, but no lender will touch you if you have an active judgement and or garnishment against you.

Answer 2

They cannot garnish your wages unless they had filed suit on you and won. Did they send you a summons?

You should check your county court clerk online to see if there was a case filed on you.

If you had never been served, and there was a case filed on you, I would suggest going to your county court clerks office and request to see the case file.

Look to see what the process server had to say concerning the service. If you were improperly served, you might want to speak with an attorney.

If you were properly served, but never responded and let them get a default judgment, you might be able to have the garnishment amount reduced or eliminated if you can prove hardship. Again, you should speak with an attorney.

Either way, I would suggest not wasting any time in this. Since there "is" time limits on doing anything about it.

If they had not filed suit against you and have taken upon themselves to garnish your wages for the deficiency, definately speak with an attorney.

Did you receive all of the legally required notices? The intent to repo, the intent to sell and the deficiency letter after the sale? If not, that is another thing to bring up with the atty.

If you cannot afford an attorney, you might try Legal Aid or NACA. Or, many attorneys will give a person a free first consult to let them know where they stand. Just be sure to ask about that if you make an appointment.

Answer 3

If they repo'd the car, why are your wages being garnished? That's the point of reop'g a car cause no payments have been made. Although I guess you did use the car for a while. This sounds like a case for Judge Judy so she can call you a dumb *** for not keeping records.

Answer 4

Check your state law. Wages can't be garnisheed in some states. I don't know why you'd be garnished if the creditor has the vehicle.

Answer 5

You can try to negotiate a settlement, but why if you paid, do you not have a record of the payments. Surely you did not go in and pay in cash? That is unthinkable.

Answer 6

i DON'T THINK THERE IS ANYTHING YOU CAN DO, MAYBE YOU CAN TAKE OUT A SECOND MORGAGE ON YOUR HOME OR DIP INTO YOUR RETIREMENT PLAN, i KNOW THAT MY RETIREMENT WILL LET ME TAKE LOANS OUT FOR EMERGENCY'S LIKE THAT.. AND JUST PAY WHAT YOU OWE.. BUT YOUR CREDIT MIGHT BE RUINED NOW.. GOOD LUCK!