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I have a garnishment against an auto loan that is 19.50% per…

I have a garnishment...

I have a garnishment against an auto loan that is 19.50% per annum. What are my options?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Ohio

Lawyer's Assistant: What steps have you taken so far?

I had a hearing with the county magistrate. He said that it was ruled on by a prior administration.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

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Answered in 1 hour by:
6/26/2018
Bruce Schreiber
Category: Legal
Satisfied Customers: 861
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. Is the garnishment against your wages, or other assets?

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Customer reply replied 1 month ago
Wages.

So please clarify: Was this hearing in response to your filing an objection to the garnishment?

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Customer reply replied 1 month ago
I started owing about $21k and when thet applied the annual interest I now owe $28k after paying about $9000

In order to get the garnishment, a Judgment would have to have been entered against you in Court first. That Judgment would have factored in and calculated all of the terms of the note you signed, including the specified interest rate.

At this stage, the magistrate cannot change the terms of the Judgment, but can only rule on the possible amendment of the amount to be withheld.

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Customer reply replied 1 month ago
There is ni way to appeal the judgement?

How long ago was it entered? Were you involved in that Court case, or was it entered "by default" meaning you did not respond to the court papers?

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Customer reply replied 1 month ago
I was never notified of the hearing so it was by default. It was ruled on in August of 2016

You can try to file a Motion to Reopen the Judgment alleging that you were never properly served with the Court papers, but generally after this much time you will likely not be successful.

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Bruce Schreiber
Category: Legal
Satisfied Customers: 861
Experience: Attorney At Law at SELF
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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