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My husband purchased a used truck in 2001 and defaulted on…

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My husband purchased a used...
My husband purchased a used truck in 2001 and defaulted on the loan. He was obligated to pay Wells Fargo Bank but with a financial hardship hitting our family of 6 we could no longer pay for the vehicle and my husband returned the Truck to the Wells Fargo Bank. The bank sold the truck at auction for and there was a balance left of $8000.. Since then the Bank must of charged off the loan but they never put anything on my husband Credit Report. Now, 6/11/2010 we received a letter (Notice of Garnishment) from said Law Group stating they have won a Garnishment in the amount of $9400. and will be taking (25%) $526. every two weeks to pay this debt off. We never got notice of them taking us to court and never received calls/letter to work out any arrangements to pay them off. I think they purchased this loan from Wells Fargo Bank and/or representing them.

My question is what do we do now? Do we contact the Law Group and work out a debt settlement or do we try to go to the court and contest this debt? Im at a lost, my husband has lost wages due to the economy his check is not enough for a family with 4 kids / 2-in college / and mortgage that is killing us! Please advise me of what we should do we cant afford this Garnishment and survive this Economy? Do we file a Traverse or a motion to vacate & Set a side a Judgement? The law group was suppose to have sent certified mail the letter of garnishment within three days but we got it the forth day is there something we can do?? We took the day off to go to City of Atlanta Courts but we are Blind on this matter and dont know where to start..Pls Help!
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 9 hours by:
6/18/2010
Consumer Protection Lawyer: Jack R., Lawyer replied 8 years ago
Jack R.
Jack R., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6,147
Experience: Court Mediator, foreclosure attorney
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You should first check with the clerk of courts to see if a judgment was obtained against you for $9400. You should ask the clerk for a summary of the proceedings against you. A judgment is required before garnishment proceedings can begin. A judgment requires a hearing before the court. You should have been served notice of the hearing and you can ask the clerk when, where and how notice was served.

 

It is quite possible that the statute of limitations has run on this debt.

 

If an improper action was taken against you will need to file a motion to vacate the judgment. Once the judgment is vacated you may be able to defend the debt as being too old to collect.

 

 

If you found this answer helpful please press the ACCEPT button.

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

 

 

 

 

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