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#1 tqSTARLITE

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Posted 31 October 2012 - 09:56 AM

the company that financed my auto loan has put a wage garnishment on my payroll. How can I get the auto finance company to take the wage garnishment off my payroll? and if the loan is more than ten years old and doesn't show on my credit anymore, can the finance company still legally try to collect?

#2 Guest_FindLaw_Amir_*

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Posted 31 October 2012 - 10:10 AM

Why was a wage garnishment put on your payroll?

#3 KrysKrat

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Posted 31 October 2012 - 11:02 AM

I'm not certain that they can garnish absent a judgment indicating they are entitled to collect. The time for raising the statute of limitations defense is during the lawsuit itself. Did you receive papers indicating that you were being sued for the debt?

#4 pg1067

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Posted 31 October 2012 - 11:42 AM

The only way the finance company can garnish your wages is if it sued you and got a judgment against you. Since that must have happened, the age of the loan itself is irrelevant, and the only thing that matters is how long civil money judgments are enforceable in your unidentified state. Since the wage garnishment is happening, we must assume that the judgment has not expired (either because it is not old enough or because the finance company renewed the judgment). Therefore, the only way to get the garnishment lifted is to negotiate a settlement, successfully file some sort of exemption claim, or file bankruptcy. If you want to identify your state and provide some details about the lawsuit and judgment against you, we may be able to provide some additional information.

#5 tqSTARLITE

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Posted 31 October 2012 - 12:45 PM

In California, 2001, I was three months behind on my car note. I sent the money that I owed them, and before the check reached their office, they repossessed the car anyway, and got a civil judgement against me. Now they are garnishing my wages, even though I filed two exemptions, and sent them a cease and dessist letter.Wiil I have to take the finance company to small claims to get rid of the garnishment?

#6 adjusterjack

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Posted 31 October 2012 - 04:37 PM

In California, 2001,


THIS IS IMPORTANT.

I suggest you go to the courthouse where the case and the judgment are filed and get a copy of the judgment so you can determine the date the judgment was entered. Also look for any documents applying and/or granting renewal.

Judgments are only good for 10 years but can be renewed.

Read statutes 683.010-683.050 and 683.110-683.220 at:

http://www.leginfo.c...debody=&hits=20

If the judgment has expired and not been renewed you can petition the court to lift the garnishment as being time barred.


I filed two exemptions


Where?

With the court or with the creditor?

If you filed with the court, presumable you got documents in return denying the exemptions. Where are they?

If you filed them with the creditor, you filed them with the wrong place and they ended up in the trash.

and sent them a cease and dessist letter.


They have a judgment against you. A cease and desist letter isn't worth the paper it's printing on.

Wiil I have to take the finance company to small claims to get rid of the garnishment?


Whatever you do in court will have to be in the same court where the case and the judgment are filed. And you'll have to make your filings properly with the court.

As I see it you only have 4 options:

1 - If the judgment has expired.

2 - If you qualify for exemptions.

3 - Pay the debt in full and get a satisfaction of judgment.

4 - File bankruptcy.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 pg1067

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Posted 01 November 2012 - 06:29 AM

The prior response contains a good bit of information.

Sorry, but the notion that you can deal with enforcement of a judgment with a "cease and desist" letter is just plain silly.

Your reference to 2001 is cryptic. It's not clear what exactly happened in 2001.

It is correct that California civil judgments are enforceable for 10 years and that they can be renewed in perpetuity. Because California judgments accrue interest at the rate of 10% per annum, a judgment that is renewed near the expiration date basically doubles in value. You should have been served (by mail to your last known address) with documents relating to any renewal. However, if you moved in the last 10 years, you might not receive them.

It is correct that claims for exemption are not filed with the creditor. However, neither are they filed with the court. Rather, they are filed with the levying officer (i.e., the county sheriff who served the wage garnishment on your employer). Instructions regarding how to claim an exemption (http://www.courts.ca...ments/wg003.pdf) are supposed to be served on the debtor at the time the garnishment is served. The creditor then has the burden of filing a motion with the court to challenge the claim of exemption. I suggest you also take a look at Code of Civil Procedure 706.105, et seq. (http://www.leginfo.c...706.100-706.109).




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