i need help im trying to stop a garnishedment cause i feel they are wrong ang i would like to go to court over this but i dont know how? the happen 15 years ago and the car company is wrong i return the car the first week after i drove it and sign papers stating i will not be charged for anything and i didnt get anything i lost my down payment plus i have two witness
Answered on: 12/21/11, 3:24 pm by Edward Stoll
First, garnishments can only be taken against certain types of monies. Not social security, not retirement benefits, 401Ks, etc..., Second, avoiding a garnishment requires fairly quick action. If you are subject to a garnishment, I assume the car company already has a judgment against you. Because, they need a judgment first before the can begin any type of collection proceedings through the court. Finally, the statute of limitations on contracts is AT THE MOST 15 years, but could be shorter depending on the type of contract. I would need to see (i) the papers you received from the dealer stating you would not be charged; (ii) a copy of the papers received from the court on the garnishment; (iii) any papers concerning the vehicle purchase, loan, or lease; (iv) any court papers showing that there was a judgment against you. I would also need to talk to the witnesses after looking at those things to know how strong your defense would be. I hope that's helpful. Ed 440-552-7063
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