Legal Question in Credit and Debt Law in California

am cosigner on an auto loan. Owner has had an accident that totaled out the car. Institution has placed a "wage" lien on the owner and the cosigner. 20% will be deducted from cosigners check every week but will put a financialo hardship on cosigner. How to be relieved from this burden?


Asked on 11/27/09, 8:29 pm

1 Answer from Attorneys

Melvin C. Belli The Belli Law Firm

One assumes that they sued you and got a judgment against the both of you because that is the only way they can lien or garnish your wages. On the garnishment form there are instructions on how to contest the garnishment. There are provisions for hardship but once you make the claim the institution or creditor can challenge in court but at least you get a hearing. The other option is to file for bankruptcy and that may give you some relief.

Did you ever try to work something out with the creditor? Still not too late as you can always threaten contesting garnishment or filing bankruptcy, but should have done before it got to this stage. I also assume that the owner didn't have insurance and the collision was their fault. If it was someone else fault you could sue them for property damage as long as it wasn't more than three years from the date of the collision.

Good luck and hope this helps.

Read more
Answered on 12/02/09, 9:13 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California