How do I respond to a writ of garnishment in which I disagree with the amount?

Asked over 1 year ago - Keego Harbor, MI

In 2006 I went into a contract for a vehicle loan with Credit Acceptance Corporation (CAC) for a duration of 48 months. About 3-4 months from payoff the vehicle died on me. Due to the amount needed to repair the vehicle, I asked CAC if they would offer me a settlement on the car so that I could pay for repairs and they said no and threatened to come and get the car. I told them to come and get it. They never did. Now 2 years later I am recieving a writ of garnishment showing 3 times what was owed on the car. Also, in looking back at the contract I noticed that they added on a service contract that I did not request or agree to by way of initialling the contract. Can I ask that this amount be removed from the judgment amount or request a lower settlement in court?

Attorney answers (3)

  1. Alan D. Walton

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . You are far beyond the time to appeal the court's judgment. You are pretty much stuck with it. Talk to an attorney with all facts and paperwork to verify this. If you can offer the creditor an immediate lump sum payment of 50%, it might be accepted.

  2. Ian B. Lyngklip

    Contributor Level 9

    2

    Lawyers agree

    Answered . Courts can only issue garnishments after it has entered judgement and the time for appeal has expired.

    The Court rules do not allow a party to use the garnishment objection process as a way to "appeal" or "overturn" an otherwise valid judgment. The only thing at issue in the garnishment process is whether the funds that the creditor is seeking to attach are somehow exempt from attachment.

    If you want to try to overturn your judgment. You will need the help of an attorney.

  3. Gary D. Bollinger

    Contributor Level 19

    1

    Lawyer agrees

    Answered . You wrote, "[In] looking back at the contract I noticed that they added on a service contract that I did not request or agree to by way of initialling the contract."

    Comment:
    Initialing a contract is used for amendments meant to change the written/printed text of the contract. The initialization of the contractual terms are finalized by the subscription of the signature.

    If you signed the contract, you are likely bound under law.

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