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Law Girl
Law Girl, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4606
Experience:  I am an attorney.
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how can I stop a wage garnishment

Customer Question

ford motor credit is garnishing my wages for a vehicle that was voluntaily turned back in 2002. I was never informed of thier intent or actions until the writ was served.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Law Girl replied 8 years ago.

Thank you for your question, perhaps you could clarify a couple questions for me. Was there deficiency between how much was owing on the vehicle and how much it was worth at the time you turned it back in? What state are you in?


Customer: replied 8 years ago.
I live in washington. I don't know the value at the time. it was auctioned. It was a ranger stretch cab and had approx. 30,000 mi. on it. it seems that they added nearly 7000 in interest and penalties
Expert:  Law Girl replied 8 years ago.


Thank you for your question.

After selling the vehicle, chances are your lender had the ability to come after you for the difference between what you owed on the vehicle and what it sold for. However, you should have been notified that this action was being taken against you. The amount can include the deficiency, reasonable attorney's fees and/or legal fees, interest and penalty.

If you feel that your wages are being garnished in error, or that you were not given the proper notice, you may choose to reopen the case and try to have the judgment vacated. However, chances are they would not have been able to get the judgment against you without showing the court notice that they went through the proper channels. Nonetheless, you may consider consulting with a local consumer attorney about filing a motion to vacate the judgment (if they feel appropriate grounds exist) and stopping the garnishment until you have had a chance to be heard on whether you really owe.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!