The garnishment is for a car that was repossed last year. There was a paayment plan but i could not afford to pay any more.
2006-08-30 12:23:10 · 10 answers · asked by Tiiggy 2 in Business & Finance ➔ Credit
They need a court order, so you would have had a date-- is it possible you missed your court date?
2006-08-30 12:26:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Hypothetically, Studly, you are right. IN reality, no.
some years ago, my sister ran off with another man. Her husband wanted to see his kids, duh.
She went to court and filed to have his parental rights removed, since he was told by the court at that time, before the 80's child support slavery laws were passed, that due to her abandonment he did not have to pay.
Every time she moved to a different state, he got his Mormon lawyers to fight it successfully.
Finally, a tricky attorney sent a notice to an address they knew he did not live at any more, and presented the return as proof he could not be found.
Yeah, you deliberately walked away from a legal debt, you are gonna' pay through the nose. Garnishment in most states mostly goes to the sherriff for fees, so it will cost you a whole bunch of money for a little bit of debt.
since you were supposed to know you owed the money and it is assumed you thought you'd get away with it by walking away, it's hard to feel sorry for you,, even if you are wiped out for the next two years.
2006-08-30 12:56:59 · answer #2 · answered by retiredslashescaped1 5 · 0⤊ 0⤋
It is very possible that a judgementwas issued against you if you are in default on a payment plan you may have signed an agreement to allow a garnishment without a court order.
2006-08-30 12:28:07 · answer #3 · answered by regjazz11 3 · 0⤊ 0⤋
The better question is, "Have you had a change of address in the past 18 months that would have prevented a proper serving of notice of your court date." or "Did you respond to your court summons?
If you failed to notify the creditor of a change of address, the onus is NOT on them to locate you. They can still obtain a summary judgement against you, so long as they can prove the validity of the debt.
They will still collect their debt to the fullest extent of the law including garnishment of your wages.
2006-08-30 12:31:41 · answer #4 · answered by DaMan 5 · 1⤊ 0⤋
Clearly you did not respond to the Civil Action against you and thus a judgement was entered against you.
Unfortunately, they have every right to garnish your income, etc.
You should have made some kind of effort.
Don't you recycle in your town? Five cents a can or bottle, you could have made some effort.
2006-08-30 12:30:01 · answer #5 · answered by Notorious 4 · 0⤊ 0⤋
In order to garnish your wages, the company you owed went to court to get this ordered by the court. You were informed of the court date.
If you blow it off and don't show up, the court takes that to mean that you AGREE with the company that says you owe them. So, YES, they can do that.
2006-08-30 12:30:34 · answer #6 · answered by #girl 4 · 1⤊ 0⤋
If a court date was set and you missed the event, then a summary judgment and garnishment could have been ordered.
2006-08-30 12:27:43 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I strongly disagree with DaMan on this one.
The plaintiff must make a "dilligent" effort to locate the defendant. Not knowing his current address is no excuse to the court. The defendant has a right to appear in court.
Therefore it's up to the plantiff to at least attempt to locate you. If they can't then the judge should not be issuing a default judgement.
In most states if you can't prove you made a "dilligent" search it won't even make it to a courtroom.
2006-08-30 12:45:59 · answer #8 · answered by Anonymous · 0⤊ 1⤋
check your credit report if a judgement was issued, it will be on there, under public record, .if there is no garnishments or judgements on the credit report, then they are lying to you. Never ever pay a lawyer. only pay the original creditor.....good luck
2006-08-30 13:14:40 · answer #9 · answered by Mr.Morgan 4 · 0⤊ 1⤋
All you recognize is a few gossip that someone advised you. even as this funds seems in his account he ought to assert it turned right into a wedding ceremony present, or perhaps he in basic terms bought something. How can absolutely everyone instruct he earned it?
2016-11-23 15:08:18 · answer #10 · answered by bartelt 4 · 0⤊ 0⤋