I need to know what can be done about a truck place garnishing wages please help?

Question

My husband had a truck in 2002 that was stolen we owed money but only like 1 payment behind when it was stolen. When the police found the truck, we told the truck place to tell us if it was driveable (it was in another city) . and they said they couldn't do that so we told them to take it back they did and then they wanted to come after us for the remainder of the money after they sold it ... Now after hard times they have handed us paper work to take us to court. My husband is the only one who works and we have 5 kids and are on goverment assistance ...Please tell me what they can take from us or what we can do I dont know where to go from here.. Please no smart A-s-s-es Thanks

Just incase you don't know I am on foodstamps and medical from the state does that matter.. Also we filed bankruptcy b-4 how is that going to look about 6 or 7 yrs ago... Thank you

Answer 1

It is possible that a counter-suit could be filed against the company ... if they are attempting to sale the same vehicle to two different parties. Also, if you were under ANY duress during the point of sale, you need to mention it to an attorney or the judge used in this matter. If you were hurried, discouraged, or unable to read the contractual agreement at the time of signing, it could be ruled invalid. Talk to an attorney about your situation on a free consultation basis. If the first one asked refuses the case, keep contacting attorneys until you do find one that will take your case. If you exhaust all possible attorneys in your area, contact the court and ask for an extension due to the inability to secure representation in the matter.

In the yellow pages of your telephone directory, look under the heading of attorneys for a "Bankruptcy Attorney". Or use the first source below to locate one that is qualified to assist you or represent you in the matter. The second source below lists the considerations in a particular situation. Study the choices, if possible, so that you do not take up as much time and will be knowledgable about the options available to you.

Using a bankruptcy attorney does not obligate you to file for bankruptcy protection; however, he will be able to advise you as to whether or not you have legal rights in the abovementioned matter. If you must appear in court without an attorney, be sure to have as much information about your dealings with the company as possible. Cancelled checks, receipts, and a police report about the stolen vehicle would be a good start. Other information or documents would include any contractual agreement that you entered into at the point of sale (your copy). Records showing that you had vehicle insurance and a valid license plate could also be useful in substantiating your intent to be legal and lawful citizens. Even a valid driver's license could feasibly be used to validate your qualifications for owning and operating a vehicle. In other words, you will need papers...documents .... proof of your side of the situation. They will have an attorney on their side; you may be able to defend yourself to some extent--but not like an attorney can. Read the information at the second source below and then look for an attorney using the first source.



Good luck....

Answer 2

Well from the sounds of it it does sound legal what they did. Unfortunate but legal. However, even though I know quite a bit im not a lawyer. I would consult one. You can get free legal advice at least in many places. Try searching for free legal advice on the web for your state.
And I hope it works out ok.

Answer 3

By law, they can only garnish 25% of your gross pay unless you make arrangements with those you owe the money to. If you're on assistance - then I don't know if they can touch that or not......................

Answer 4

did you have insurance on the truck full coverage insurance should have paid it off i had a quadrunner stollen owing 4k on it and insurance paid it off