I have been divorced for 5 years. In the judgment our cars were split with my ex getting a truck and me a van. The truck was repossessed. Shortly afterwards he declared bankruptcy. I just had my wages garnished because of this. I had signed on the note originally however the judge awarded him the truck. I guess my question is two fold: 1. Can the loan company come after me even with the judgment? 2. The loan company never gave me any notice of the garnishment they just took it out of my check. Is this legal?
2 Answers from Attorneys
1. Your divorce case was between you and your husband. The lender was not a party to that case and was not a party to the judgment. 2. If they garnished your wages, it means they sued you and got a judgment. That was your notice they would take collection efforts, and normally, no other advance warning is necessary.
Nothing in your divorce can negate your contract with the lender. It simply gave you the right to sue yiyr husband for contempt, which you likely still have. Your notice of garnishment was when you lost the suit against you prior to the garnishment. Unless that was improper, and you should show that paperwork to a lawyer to be sure immediately (as in today), they can garnishee you.