Legal Question in Credit and Debt Law in Georgia

My husband's first name is the same as his fathers, but they have different middle names. His father took two loans out and did not pay them. The loan company looked his fathers name up and found my husbands information and decided to change the social security number, address, etc on the loans. They are now trying to garnish my husbands wages for the unpaid loans. The signatures on the loans clearly have his fathers signature. And one loan was taken out before my husband turned eighteen. His parents do not care, but I don't think it's right that we are being screwed for what his parents didn't pay. Any advice?


Asked on 7/13/11, 5:22 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A garnishment means you failed to deal with this when it could be solved.

A garnishment comes AFTER you lose a lawsuit. Why did you not get a lawyer and defend that? Once you lost that suit, you waived your defenses. That was a huge mistake. I'd have to see the papers to know if it can be fixed, but in not hiring a lawyer BEFORE the garnishment and during the original case you made an expensive mistake.

Once there is a garnishment, absent facts you did not give us, the only way to stop that may be bankruptcy.

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Answered on 7/13/11, 5:33 pm
Rachel Hunter

Garnishments can be challnged. Your husband needs to go IMMEDIATELY to a local lawyer to see if the garnishment order can be challenged.

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Answered on 7/14/11, 8:18 pm


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