Garnishment of Wages

[atlantantv]

What is the name of your state? Georgia

I co-signed a car loan for my now ex in November 1996. Around 2000, they tried to collect monies from me because the ex was always self-employed. I paid 50.00 a month for a while, then he was suppose to make payments. I never heard anything else until 2004 when they filed a judgement. Isn't it 6 years statute in Ga? Yesterday I received a mletter in the regular mail with a garnisment letter that wasn't signed nor did it have a good address for my employer. It was not sent registered or as a summons. On the bottom it says "this is a notice from a debt collector trying to collect a debt", and it has the collections attorney's name etc. Is this valid?

Thanks

 

[Shrike1070]

I'm not familiar with Georgia SOL's. But you should check with whichever court is responsible in your area for garnishments and liens to find out if a garnishment/judgement actually took place. Has your employer received a similar letter? Could just be a Credit Collector in the guise of an attorney trying to get you to call them in a panic to hook you into talking about paying back the debt. Just my two cents. Some of these CA guys play real dirty and have no problem stooping to misrepresentation!

 

[Shrike1070]

oops! I guess I should have read the entire post. I didn't see that the creditor already received a judgment some time ago. You should still check the validity of any claims they might be making at this point. Maybe one of the more experienced members here can help...

 

[Debt Guy]

Your post is a little confusing.

The SOL for filing a lawsuit in GA is 6 years from the date of default. I'm not sure when the date of default is but sounds like the judgment was awarded within the SOL. Regardless, if they already have a judgment, you missed your chance to beef about SOL.

The SOL for collecting on a judgment in GA is 7 years. If they got the judgment in 2004 then they have until 2011 to annoy you.

Q. Yesterday I received a mletter in the regular mail with a garnisment letter that wasn't signed nor did it have a good address for my employer. It was not sent registered or as a summons. On the bottom it says "this is a notice from a debt collector trying to collect a debt", and it has the collections attorney's name etc. Is this valid?

A. Probably. It just sounds like a collection letter to me or perhaps putting you on notice that they are sending the garnishment to your employer. But perhaps I misunderstand exactly what you mean by "garnishment letter". Do they already have a garnishment? It would be a good idea for you to call the courthouse, talk to the court clerk and ask exactly what is in your file. You might need to go down to the courthouse and read it yourself.

 

[atlantantv]

Thanks for your replies. That was a very short synopsis of my situation which is why it was a little confusing. The date of default was 4-27-98 and the judgement was issued 11-04. Is that within Georgia SOL? I believe they also put a lien on your home too. Does that mean I can't sell or refinance without paying this 14,000.00 debt that really belongs to my ex husband?

Thanks again

 

[Debt Guy]

Q. The date of default was 4-27-98 and the judgement was issued 11-04. Is that within Georgia SOL?

A. Perhaps not. Again, Georgia SOL is 6 years. 6 years from 4-27-98 is 4-27-04. But, it is meaningless. Since you did not appear in court to assert your SOL defense the judgment was issued and you lost that argument.

Q. I believe they also put a lien on your home too. Does that mean I can't sell or refinance without paying this 14,000.00 debt that really belongs to my ex husband?

A. Yes. You really need to take care of this.

 

[atlantantv]

The courthouse did give me a case number, but they said the employer hasn't been notified yet as to the garnishment. Being that I am a single parent and I live paycheck to paycheck I don't know how they'll garnish me. However, I'm sure they don't care. I offered a 3000.00 settlement but the collection attorney said they will only take half which is 7400.00. Will it do me any good to file a traverse? I would file bankrupcy but I can retire soon and I want to purchase a home closer to my childs school.

Thank you

 

[Ladynred]

Did you ever receive ANY notices regarding the repo, the sale at auction or ANY paperwork AFTER the sale ?? A co-signer MUST be sent the SAME notices that the primary is sent in order for a repo to be legal and for them to be able to collect on a deficiency. If you received no such notices, no right to cure, etc., then you may have grounds to try to get the judgment vacated.

 

[atlantantv]

I did a voluntary repo back in 1997 because I knew the ex would not be in any condition to keep the vehicle.

 

[ablessin]

They don't give a damn about your current bills - this is $ that you owe them and they will garnish your check whatever the maximum legal amount is -

You better check if your state is one that allows debt garnishment. I don't think all states do - some only allow child support to be garnished. They will try to scare you whatever way they can!!!!!!!!!!

I live in NY and I was told garnishment was going to happen if I didn't make good on the debt - but they seized my checking account so I took out a personal loan to pay the debt and get my account unfrozen.
My debt was no where near the balance on yours though........

Good luck

 

[Ladynred]

There are only 4 states that do not allow wage garnishment for this type of thing: TX, NC, SC, and PA. Its allowed everywhere else.

Ok, you did a voluntary repo - but DID you get notices of the sale, anything AFTER the sale showing what the car sold for, what the deficiency was, fees etc ?? Voluntary repo or not, those things ARE still REQUIRED to be sent to BOTH signers on the loan.

UCC SOL on a repo is 4 years, and if they didn't follow thru with the whole process I mentioned above, then the SOL is 2 years and they give up their rights to the deficiency.