It has been 12 yrs since they repossessed an sold the car.now they r trying to garnish my wages . They served papers at my work just recently.
Consumer Protection Attorney
You need an experienced consumer debt defense attorney to review copies of the court files to determine whether the garnishment is proper. An attorney will need to review a complete copy of the case file that ends in the judgment and the current garnishment file. If the collection attorney did everything right, it is possible for them to garnish you twelve years after the repossession. You need an attorney to see if they actually did everything right.
Do you remember ever being sued for this debt? Where you ever served? That probably would have happened years ago.
It is not unusual for experienced counsel to find legal deficiencies in either the judgment or the garnishment. Many law firms (like my own) will do a free review of your documents to see if they can help. I urge you to speak with an attorney soon.
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When did the creditor obtain the court judgment allowing them to garnish? Court judgments can last a long long time, and in some states, may be renewed forever, making them have the life of a Vampire. Sounds like the creditor just found out where you were employed. Hope this perspective helps!
As stated, the issue is not "when was the car repo'd", the issue is when were you sued and when did the creditor obtain the judgment?" Short answer, if the lender obtained a judgment, then wages are fair game.
To start, get a copy of the garnishment order; your payroll department should give you a copy. Then, go to the court listed on the garnishment and obtain a copy of the entire lawsuit file.
Then, get with an attorney to start sorting out your options.
Divorce / Separation Lawyer
They probably can. They had a time period, probably 6 years after the repo, to sue you. Assuming they did and got a judgment, that judgment then lasts for 7 years, can be enforced by garnishment, and then renewed.
See an experienced bankruptcy lawyer to determine if that is a way out. He'll also look at the time periods and dates to see if you have other options and defenses.
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