Unexpected Garnishment Question!

Submitted by jennipoohster on Wed, 04/08/2009 - 15:46

In 97' I had purchased a car that was repoed 2 years later. In 2005 it was listed on my credit as a charge off. As of a week ago with no court paperwork, no notice, or information I have a garnishment now deducted from my pay. Any suggestions on how I proceed from here? What about time contraints and years of limitations.

A creditor cannot garnish your wage without bringing a judgment against you. I think that there must have been a default judgment brought against you by the creditor. You should contact your employer and check it out.
I think that the creditor must have brought judgment against you somewhere after 1999. Since judgment has a separate SOL period, and the SOL on judgment may not have expired till date, the creditor has garnished your wage.

Thu, 04/09/2009 - 07:13 Permalink

Since the judgment stays in your credit report for seven years, it may not show in your report as the seven year listing period may have expired from the date the judgment has been brought against you and so the best way to know about the garnishment is to get in touch with your employer. Can you tell me the state where you got auto loan so that I can check the SOL on judgment for that state.

Thu, 04/09/2009 - 07:51 Permalink

I was also never served any type of paperwork. I was told to I should go and file a motion to stop the garnishment.

Thu, 04/09/2009 - 12:05 Permalink

I do think that is illegal if they havent gone to court and get a judgment against you and serve you the correct documents for the wage garnishment.

Thu, 04/09/2009 - 14:08 Permalink