Can a bank garnish my wages without taking me to court? .... I took out a car loan about a year ago I was in a jam and took the first car they gave me since I had bad credit. I tried to take the car back a week after I had had it but they wouldn't so I had them repo it. I have been ignoring there calls etc. Because I was told it will just go on my credit report and be gone after seven years. they got a hold of me the other day and said they will garnish my wages unless I pay them?can they do this? what are my options?
2006-09-17 21:56:45 · 10 answers · asked by cholelouise 2 in Business & Finance ➔ Credit
If they are garnishing your wages, then they were able to get an abstract judgement against you. This is a judgement a court will give if you don't show up. Most creditors send notices of court dates, most people just don't show up. You may want to get a copy of your credit report to see if they have a judgement against you. If they did it will be on your account until you pay it off. You are allowed one free copy of your credit report per year. Go to www.annualcreditreport.com. This is really a free report, this is not the commercial you see on TV that claims to be free.
2006-09-17 23:28:43 · answer #1 · answered by lady01love 4 · 0⤊ 0⤋
You have to read the small print carefully for every contract that you sign. If your wages are paid into an account at the bank that issued the loan, it seems likely that the bank could garnish your wages (i.e., any deposits that are made into that account) without a court order (because of contractual obligations on your part). However, if the wages are not paid into the bank in question, I would think that most jurisdictions would require a court order for garnishment, although that may not necessarily be the case. You may wish to obtain legal advice from a lawyer.
2006-09-18 05:01:09 · answer #2 · answered by Perplexed Music Lover 5 · 1⤊ 0⤋
Echo is getting a little ahead of herself. The Fair Debt Collections Act applies to collection agents, third party collectors and attorneys.
Since this is the original bank they can pretty much do whatever they want.
But they can not garnish your wages without first getting a court judgement. Since they can also go after you bank accounts, I hope that you have moved your money out before they can do that.
2006-09-18 15:45:50 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Unfortunately nothing! When you sign a loan especially one given to a person with bad credit history it's in the fine print that they can garnish your wages. Before you enter into ANY contractual agreements you really should read every part of what you are agreeing to especially the fine print and if you can't see it I suggest you invest in a magnifying glass. It's there way assuring they will receive payment after having risked giving credit to a person of bad payment history I'm so sorry this has happ to you I wish you better luck in the future!
2006-09-18 07:26:56 · answer #4 · answered by YD 4 · 0⤊ 0⤋
I don't understand why they'd make you pay when they got their car back in good condition I'm assuming. That's why they repo. They don't get the money too. And, no I don't think they can garnish without taking you to court. But never say never. I don't know the laws in your state or mine either.
2006-09-18 11:38:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes they can. you should never have ignorned there calls instead you should have phoned them first as the banks give you 6 months leway if you are in a pickle they are very understanding if you approch them first, i have a friend who had the same problem with her car, she conntacted the bank and they told her it was fine she must just let them know when she gets back on her feet they were very nice about the situation. ignoring the matter only makes it worse on your side. banks protect themselves in every aspect. sorry.
2006-09-18 05:08:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
When you took the loan, you allowed them to do this. It is in the fine print.
By ignoring their calls, you probably damaged the opportunity to come to a payment arrangement with them, but you can call them and try.
2006-09-18 05:00:39 · answer #7 · answered by Chief BaggageSmasher 7 · 1⤊ 0⤋
They do have to take you to court and win first.
What they can do as far as garnishment, liens etc, depends on your states exemption statutes.
You're right Studly, thanks for the heads up. Nice to see ya back again.
2006-09-18 06:14:19 · answer #8 · answered by echo 7 · 0⤊ 0⤋
No.....not in UK anyway. A court has to make a Garnishee Order.
2006-09-18 05:04:49 · answer #9 · answered by lou b 6 · 0⤊ 0⤋
I do not know the answer, but speak to an attorney.
2006-09-18 08:22:57 · answer #10 · answered by Kinnley 2 · 0⤊ 0⤋