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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87191
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i bought a car from ford in 2000 and had it about 2 years and

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i bought a car from ford in 2000 and had it about 2 years and was not longer able to make the payments and the car got repossessed. about six years later they started garnishing my wages for about 6 months then stopped for unknown reasons. my HR department at my job called the company that was garnishing my wages told them that they could not accepted the money. now 5 years later they started garnishing my wages again with no notification. the garnishment is going through the same attorney that
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello anmd thank you for requesting me. Your question cut off at: "the garnishment is going through the same attorney that..."

Did you mean to finish stating something? If so, please do.

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

it went through when my checks were being garnished the first time. i presently pulled my credit and there is nothing on the report showing i owe ford.

Expert:  Ely replied 1 year ago.
Thank you for your reply. Do you remember being served at all with a lawsuit for the repossession?
Customer: replied 1 year ago.

I was never served.

Expert:  Ely replied 1 year ago.
Thank you, friend. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

I am going to assume here that the following occurred: Upon repossession, the seller sued you for the breach in contract. However, for some reason, the service of process unto you (i.e. being served with the suit) did not happen, or was faulty. One way or another, you did not receive it. But the plaintiff stated to the Court that you did and the Court eventually ruled a default judgment when you never responded.

My guess here is that the service of process agent they used claimed that they gave you the petition, but maybe just "threw" it on your door, and it never got to you. Some lazy process servers do this.

Once they got default judgment, they moved to enforce the judgment by garnishment.

Ordinarily, you could reverse the faulty service, stay (pause) the garnishment, and get a new trial if you can show that you were never properly served. However, if this was was back in 2002 or so, then it is simply too late, I am afraid. The Court may not believe you if you try to state that you were not served, or at least ask why it took you so long to object and that you should have acted once the garnishment began. So I am afraid it is simply too late.

The garnishment likely began and ended and then began again as different attorneys took it over, etc. A judgment may be renewed in GA, I am afraid, and they likely did this.

A credit report does not necessarily have to reflect a judgment. While it is often added to a credit report, it is not mandatory.

Just to be sure, ask your HR to see an ORDER from the Court for judgment that the creditor likely sent over for garnishment. HR should provide it - they would not allow garnishment without said order, and, said order could not be issued until/unless the Court rendered a judgment against you. I am very sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87191
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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