How can i fight a garnishment of my wages for a car repossession

Question

How can i fight a garnishment of my wages for a car repossession

Answer 1

They have right to do it i'm assuming you owe them money. If you pay whatever you owe they won't garnish your payment...

Answer 2

If you owe the money,  you can't.

Pay what you owe and they will stop the garnishment

Answer 3

Pay off the remaining balance on the loan. That will show them!

*EDIT* - No, we are NOT in a recession. A recession is 2 consecutive quarters with negative growth. The second quarter had positive growth.

Answer 4

Pay your bills

Answer 5

It has already gone thru the courts and been approved.  Your time to fight it was then, not now.

Answer 6

You can fight garnishment of wages in court by submitting evidence to show one or more of the following:

(1)  You never, in fact, had a loan

(2)  You had a loan but you did not, in fact, default on it.

(3)  You were not given legally proper notice of the proceedings

(4)  You had a loan and you did default, but that there is another person who is liable in the event of your default.

(5)  The wage garnishments will leave you destitute and unable to live.

(6) Etc......

Unless there has been a mistake, number 5 is probably your only alternative.  If you can show that the wage garnishments will leave you destitute to the point that you will starve or be unable to provide basic shelter to yourself or your dependents, according to the calculation which your particular state uses (as Eggchick points out) then the garnishments must be reduced.  However, if you are not in danger of acute poverty, then there is probably nothing much you can do.  A good lawyer will only delay the inevitable.  You borrowed the money, and the court will make you pay it back.

Answer 7

I like how people say stupid stuff like, "pay your bills". I guess people haven't gotten the memo that we are in a recession and that people CAN'T pay all of their bills right now. Sorry, just had to vent! I had a situation like this with a credit card company. It seems like they are coming out in full force because of the economy. I worked with my attorney general's office and figured out a payment agreement with the lawyer for the credit card company. This was after the complaint and summons was filed, so my wages never were garnished and the payments are reasonable. The creditors need the money too, so they are willing to work with you in some cases. The attorney general REALLY helped me though, just do what they tell you to do and good luck!!

Answer 8

If the car was repossessed and re-sold and there is still an amount owing on your original debt, you ARE liable for it and your wages may be garnished after a judgment is obtained.  Garnishment of wages is legal and you cannot stop it.  However, there are certain requirements for the calculation of the amount paid to the creditor by your employer from your wages.  These calculation requirements are to insure that the creditor does not take all of your wages at any given time so that you will still have an income.

You should speak with an attorney to determine what the basis is for the calculation and make sure your employer is withholding the correct amount for the garnishment. The Legal Aid office in your city could probably help you with that.

This is a debt that you legally owe so you need to just wait it out until the judgment is satisfied.  If you can come up with the money to pay the judgment now, you would save a little money because I am sure there is interest accruing on the judgment.  

Good luck.