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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31981
Experience:  16 years legal experience including consumer protection law.
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I purchased a new car in 1993. In 1995, the car was repossessed

Customer Question

I purchased a new car in 1993. In 1995, the car was repossessed and sold at an auction. I didn't hear anything more about it until 2006 when my employer received information about a wage garnishment. My employer eventually had to pay $5000 to a the firm who purchased the collection account in order not to be sued by them for not responding to the paperwork. (The paperwork had been given to an attorney whom I guess did not respond in a timely manner). Anyway, my wages have been garnished since mid 2006 and I still owe just slightly less than the amount originally being garnished due to the interest that accrues on it DAILY. The company I work for was paying the garnishment all these years, but I was laid off yesterday indefinitely and have been told I am going to have to take over the payments of it. Of course, I have no income now, so I will not be able to pay anything. The firm who is collecting has told me (a few years back) that they will accept a lump sum payment of about 1/2 of what is owed in full, but that is still $4,000. I don't have and don't expect to have any time i the foreseeable future.
What can I do in this situation?

Thanks in advance,

Jennifer Haynes
(email: XXX@XXXXXX.XXX)
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is Tina and my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have a home or personal belongings the creditor could attach and seize to satisfy their judgment against you?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

We rent our home, I own 1 car and lease another. I don't know what else there would be.


 

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying that, Jennifer.

It sounds as though you could have had the judgment set aside years ago since the creditor file suit past the statute of limitations, but since that was not done, it would be too late to pursue such a motion at this point unfortunately.

Your remaining options would include doing nothing since you have no wages to garnish and may not have enough assets to satisfy the judgment either once you claim your exempt assets.

Here is a link which summarizes which assets are exempt from attachment (including $2,300 in vehicles):

http://www.saclaw.org/pages/exemptions.aspx

Or, you could file for bankruptcy protection, seeking to discharge the debt altogether and the creditor would be forced to stop contacting you or attempting to collect on the judgment.

Bankruptcy is often a better option under these circumstances since it provides relief from the debt and other unsecured debts typically whereas if you do nothing and do become employed again, the garnishments could continue.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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