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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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In 2001 itook out an auto loan here in va. the car was

Customer Question

in 2001 itook out an auto loan here in va. the car was reposessed at the end of the year. they told me they would sell the vehicle and send me a bill for the remaining balance. i never heard from them./.they recently began garnishing my wages. when i called to talk to them they refused to discuss the account with me. what can i do. they are garnishing me for 14000 dallors when the original loan was only 7.
JA: Has anything been filed or reported?
Customer: what i have been able to find out is in 2005 they got a judgement against me.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: va
JA: Anything else you want the lawyer to know before I connect you?
Customer: i dont know what he needs to know
Submitted: 10 months ago.
Category: Legal
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am very sorry to learn of this situation. Unfortunately, with a judgment that was entered that long ago (11 years ago), it is going to be very difficult to address it at this time - you can do so, but expect to retain a lawyer for this.

The motion is going to be a "motion to vacate default judgment" and the basis for the motion is going to be a defective service (you were not properly served notice of the summons and complaint, or the notice of default at the time of the judgment in 2005.

Usually this motion is granted without any problem as long as you file within 6 months of the date of entry. However, once it passes that time frame (as in your case) it gets considerably more complicated.

Regarding the amount - the cost of collecting a judgment (attorney's fees, interest, collection costs) quickly double or triple the original amount of a debt - so it is not unsurprising that your original $7,000.00 is now mushroomed into $14,000.00.