My check got garnished for a car loan that I had in 2010 and I didn't get anything from the court with a court date on it or how much would be taken out. What can I do about it and can I sue them. This lawyer and bank is in South Bend Indiana
If you were sued, and allowed the creditor bank to obtain a default judgment against you, the answer is "no." The garnishment might well be legit. Go down to the court, and get a copy of the lawsuit and the garnishment papers, and have an attorney review them for you.
My answers to questions posed on this site is no substitute for obtaining legal advice from competent local counsel.
Before jumping to conclusions,you must know there are several ways to serve papers on individual defendants - Personal, by substitute or by publication.
It is possible you may have been served by publication, if by reasonable effort you could not be located. When a legal action is started against a defendant, and that defendant cannot be found to accept delivery of legal documents, service by publication may be permitted by a judge's order. This process refers to notification published in the newspaper.
You need to speak to an attorney to Defend the debt case, or if your Debts are mounting, speak to a bankruptcy attorney about making these lawsuits "go away" and getting a "fresh start."
There are other ways to stop garnishment without bankruptcy, however, each particular situation is different and you should consult a debt collection attorney for a free consultation.
All or a portion of your wages may be exempt. The creditor may also be garnishing higher amounts than what is legally enforceable. An experienced attorney could defend against the garnishment.
The QUICKEST way to stop your wage garnishment is by filing for bankruptcy.The automatic stay is a legal protection that stops almost all collection activity against you the moment that you file your bankruptcy case.
A Chapter 7 bankruptcy could put an immediate stop to the wage garnishment and ultimately "erase" the debt that caused the garnishment to begin with. Many of my clients have found this was the best option and tell me soon after their discharge that it was the best advice they ever received. If bankruptcy is not an option, then there may be some Exemption Defenses available in State Court that may temporarily stop the garnishment or reduce the amount.
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The court file would explain what took place. Papers were certainly filed explaining how you were served. If they are false, you can attack them by motion. Garnishments can also take place by wage assignment which is a contractual thing you might have signed when you took out the loan. You need to gather all the papers on the garnishment, and the see what the court file says, to know how to proceed.
The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship.
There have been cases against certain collection law firms who have engaged in practices that violate the laws on collection of debts, including notifying debtors. No lawyer here can say whether this situation fits that kind of case without knowing much more.
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