Legal Question in Credit and Debt Law in North Carolina

About 12 years ago in Oklahoma, i bought a car from my now creditors. They repossessed the car about 8 months later. I moved to North Carolina in 2004. In 2009 the creditors started garnishing my wages. I got in contact with Legal Aide of Oklahoma, they stopped the garnishment and the money was put back in my account. At the time I was not making enough. Well fast forward to my new job, I started being garnished April 2013 but they were only able to get maybe $200. Because I didn't know about until I got paid. It completely stopped October 2013. Now today, April 18, 2014 I have more garnishment paperwork. But i didnt get summons or anything stating it would happen, like both times before. I again dont make enough to give anything to anyone. Please help!!


Asked on 4/19/14, 6:26 pm

1 Answer from Attorneys

Ok - if you are in NC how is it possible for a creditor to garnish your wages? There is no wage garnishment in NC.

If your wages are being garnished the only possibility would be if you work for an OK employer or possibly an NC employer who will recognize an OK judgment.

Once a judgment is entered, most states allow wages to be garnished an infinite number of times until the judgment is paid. The garnishment may last 180 days. I don't know - I am just guessing - based on what I know of garnishments for my GA clients. Obviously, the judgment was entered many years ago and has probably increased due to interest.

You have a few options but you should have these papers looked over by an attorney to help you decide what to do..

(1) if these garnishments are never going to end and you owe too much, consider filing for bankruptcy. Judgments can be discharged in bankruptcy and will stop any garnishments in its tracks.

(2) Depending on how much you owe and what you make, you can either allow the garnishment to go through or set up a voluntary repayment plan.

(3) If you have sufficient cash, you can try to settle the debt for a lump sum.

(4) find a new job - if you have a judgment against you and you are in NC, find a private employer who is located solely in NC. The NC employer will not be amenable to any garnishment process and even if the judgment was transferred to NC there is no wage garnishment here for a debt of this type.

(5) if the garnishment is truly improper (the creditor must abide by certain guidelines) then you can file an answer to the garnishment. any answer would have to be filed where the judgment is entered and if that is in OK then you would need an OK lawyer.

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Answered on 4/19/14, 10:44 pm


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