Questions about Garnishments...

[Danetta]

My husband purchaced a car from a company we will keep unnamed in 94. He was still paying for it when we met, and when things got rough and he could no longer afford to make the payments on the car, he told them that they could come and get it. Since then, they have taken him to court and sued him for the balanced left owed, plus late charges, and court costs. Now they are garnishing his wages and have been for almost a year now. This is one of my questions: After this much time has past, can anything be done about getting this garnishment removed? If it wasnt for the judge waiting for a half hour on the plantiff's attorney, this case wouldve been dropped along time ago. But since he did wait, we now have over 4,000$ being taken from us for a car that they got back along time ago. How can this be fair? And, also... I have tried to find the name and number for the attorney that did the filing on my husband, to see if maybe we could settle this with out the garnishments, and there is no record of what firm he is with, or no phone number where he can be reached. Am I not looking in the right place to find information about this attorney? I have searched the court records, and nothing. Also, is there someone out there that can explain to me how a voluntary repossesion constitutes being sued for balance, but involuntary repossesion does not? That really confuses me. Hope someone can help!!!

 

[David J. Miller]

Look, when your husband decided to give the car back, the bank actually lost money because the value of the car was not sufficient to pay off the loan. Thus the deficiency judgement.

Is it fair that the bank should have to take a loss because of your husbands problems? Should your problems be the banks problems?

Whether your repo. was voluntary or involuntary is irrelevant. A deficiency judgement occurs when the proceeds from the sale of the car are not sufficient to pay the loan. The money that was leant to your husband is money the bank will never get back other by garnishing your wages.

Why would the bank settle for a lesser sum when they are already successfully collecting the full sum?

The attorney involved with this is not going to be able to wave his magic wand and make this go away. Unless you pay the balance owed in one lump sum, the bank will continue to garnish your wages.

 

[Danetta]

#1 He never wanted to give the car back in the first place. He thought that it was the right thing to do since he could no longer afford it. He was with another woman before me for 7 years, and with their income, he was able to afford the car with no problems. When they seperated, one income could no longer pay for everything that 2 incomes were paying. Does that make any sence? Therefore, he lost alot of things because of her.
I wasnt talking about lowering the amount owed on the loan. I was only wondering if we spoke with the attorney, that he might hold off on the garnishment, and give us a chance to voluntarily pay back the loan in smaller payments, but still pay the whole amount. Isnt there anyone in this "dog eat dog world" that understands hard times?? Geez!! Those that dont have money problems dont realize what it's like to live in a small dead end town, and raise two children on one poverty level income. I am not asking anyone to understand, or even care for that matter, I just wanted a small amount of advice on this subject. And no, I dont expect the bank to take a loss. All I was asking was if it is possible to get a garnishment removed, and given the chance to pay the loan back ourselves. Furthermore, the car was well worth the amount left owed on the loan. I mean, he was paying for the darn interest first, and he kept the car in super clean shape. Thats how hateful car companies can be....they sell the car at a much lower price, and still sue for balanced owed. Actually the sheriff of our county told me himself that this scam should be illegal. They are selling a car, they should take the responsibilities that go along with it, and not put all the fault on the buyer. They know well that as soon as the car left the lot that it wasnt worth what they sold it for, and that should be wrong, but who am I to say??? They make their money with the damn high interest that they charge.

 

[David J. Miller]

Unfortunately, the bank can pursue the wage garnishment unless you can work out other arrangements with them. They will be under no olbigation to cooperate. An attorney is not going to be able to force the company into cooperating.

My original post was not intended to be judgemental or without understanding. I grew up in a small dead end town too so I do understand. I assumed you wanted the correct answer to your questions without a lot of fluff.

 

[Danetta]

I always want a "no fluff" answer, just sometimes not used to the harsh output of it. LOL Seeing how I am with a man that is very blunt daily, one would think I would be used to it by now. Unfortunately, I guess I am not. Didnt mean to take your reply the wrong way, and I do understand what you were saying. Thanks for your help. Danetta