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What is the GA law regarding garnishment of wages for an auto repossession? Can you be forced to pay?
Atlanta, GA
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Posted 25 days ago in Debt Collection
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I had a car repossessed in 2006. After finding out that the company was about to sue me, I contacted them to make payment arrangements. They sent me papers to sign and they are the court papers. If I sign them, am I agreeing to be sued? I am now working with a credit restoration company and they advise me to cease communicating wtih them. If I do this, can they garnish my wages?
Answers (2)
Angel Marie Van Wieren
This attorney is licensed in Georgia.
Posted 25 days ago.
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I don't know what the document says that the creditor is asking you to sign. I would advise any of my clients to never sign a document presented to you by a creditor, without having an attorney review it first. You should cease all communications with the creditor. Do not sign anything. The creditor must obtain a court ordered judgment against you before they can garnish your wages.
Does the credit restoration agency you are working with have an attorney on staff? If so, you should consult with that attorney. Otherwise, you should seriously consider meeting with a local bankruptcy attorney for a free consultation. I am located in Atlanta, and would be happy to meet with you to discuss your circumstances. (404) 680-7010 Van Wieren Law Firm, LLC Angel M. Van Wieren www.vanwierenlaw.com 
Brian E. Daughdrill
This attorney is licensed in Georgia.
Posted 24 days ago.
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In general, a garnishment can only be filed ONCE the creditor has obtained a judgment. If the creditor is asking to to "sign" court papers, it is likely they are trying to get you to "consent" to a judgment (see if those terms are in the line right below the caption. If they sent them to you versus having a process server or the deputy sheriff SERVE them on you, service may not have been perfected and you may have a jurisdictional defense to the suit (assuming IT has been filed). If suit has been filed and you were served by mail or something similar, you should get an attorney to explain the defenses you can raise to the matter, including insufficient service of process.
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