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Garnishment

Date: Tue, 02/24/2009 - 12:39

Submitted by anonymous
on Tue, 02/24/2009 - 12:39

Posts: 202330 Credits: [Donate]

Total Replies: 1


I received a letter from my employer letting me know that my pay was being garnished. This garnishment is from a car that I voluntarily returned due to it being a lemon. This was over 8 years ago. All of a sudden they are taking money out of my pay and said they served me papers. Which I never got. They served the papers to an old address that I no longer reside. They said that the person who signed the papers stated they were my roomate which is false because I never had a roomate. Plus I told them that I have proof that I was not living that the address that they claimed to have served me. How can I stop this garnishment? I have been told that this could be stopped one because it is past the 7 year mark and two because I was not properly served. Is this true and who do I go to for help?


I split this off into it's own thread.

What state do you live in? When were you notified that there was a deficiency balance remaining on the note after the vehicle was sold at auction. Most states have adopted the UCC in regards to repo's. SOL would be 4 years from the date that the deficiency was realized. You will need to go down to the courthouse and request a copy of the case file. Pay close attention to the method of service. If you were not properly served, then file a Motion to Vacate due to Improper Service. If the court grants the motion, the plaintiff may still have the ability to re-file. If this is past SOL, then that is your Affirmative Defense to the suit and it should be dismissed with prejudice.

Don't confuse teh 7 year limit for credit reporting and your states' SOL. They are 2 totally different things.


lrhall41

Submitted by NASCAR_Devil on Tue, 02/24/2009 - 14:58

( Posts: 4671 | Credits: )