my husband received a writ and is answering it and requesting ahearing. The company wants $32, 000 this is not including the $12,000 he paid when he had it or the $8, 000 the vehicle was resold for. Can a request be made to the Court for these amounts to be deducted?
Contracts / Agreements Lawyer
If you're facing that big of a judgment you need to hire an attorney asap. That is something that you could bring to the attention of the court but I wouldn't suggest doing so on the front end. It's almost the same thing as admitting liability. A lawyer could best instruct you how to proceed.
This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
Debt Collection Attorney
If it is a garnishment hearing, the creditor already has a judgment. The Court does not have authority at a garnishment hearing to reduce the amount of the judgment. Your time to dispute the amount claimed to be owed was before judgment was entered.
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2 lawyers agree
No, a request to deduct the judgment amount cannot be made at the hearing. At the garnishment hearing, your husband can: bring up procedural issues regarding the garnishment process, ask for a hardship deduction in the amount garnished from his paycheck, claim that the judgment has already been paid in full, claim that the debt is subject to a qualified debt scheduling agreement, etc.
If your husband believes that the judgment amount is incorrect, then he should hire an attorney for assistance in setting aside or modifying the judgment against him.
The information contained in my answer is provided for informational purposes only, and should not be construed as legal advice.
1 lawyer agrees