QUESTION

How do I contest salary garnishment?

Asked on Oct 22nd, 2012 on Bankruptcy - Utah
More details to this question:
I did a voluntary car repossession when our company down size with salary cuts. Now the creditors are threatening wage garnishment. What are my options?
Report Abuse

3 ANSWERS

David John Tybor
A voluntary repossession does not remove your liability on the monies owed the creditor. They have a right to collect the amount you owe that the sale of the car at auction did not cover. There are protections that the state of florida provides against garnishment, and it would be best to speak with an attorney who could outline your options and either stop the garnishment or negotiate a favorable resolution for the debt you owe.
Answered on Oct 24th, 2012 at 8:08 AM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
If you live in Arizona then the creditor has a right to be paid the full amount of their debt. You can either pay or they can sue. If they sue and get a judgment then they can garnish your wages, bank accounts and any other non-exempt assets.
Answered on Oct 24th, 2012 at 6:43 AM

Report Abuse
Family Law Attorney serving Provo, UT at Havens Law, LLC
Update Your Profile
The answer depends on if you owe any balance following the sale of the car after the voluntary repossession. If you owe no balance, then they cannot garnish your wages. To do so they would need to get a court order that you can defend against. If you do owe a balance then your options are limited. You can try to reduce or eliminate the garnishment if you have very low income or you can file bankruptcy to stop the garnishment. Call to discuss your situation and the best option for you.
Answered on Oct 24th, 2012 at 5:24 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters