QUESTION

Is there is anything I can do now to stop the garnishment until after they sell the vehicle?

Asked on Jul 18th, 2016 on Bankruptcy - New York
More details to this question:
I bought a car a few years ago, and payed my bill on time. A few months ago, money got tight and I was unable to pay the bill. I contacted the lender and told them to come pick up the car, but they refused, stating that it would basically be a hassle on their part. They bugged me and bugged me to make a payment, and eventually put in an order to garnish my check. My normal payment was $263 but they are garnishing my check for over $600 a month. I still have the car. Finally, after contacting them a thousand times and sending them the keys, they picked up the vehicle.
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6 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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A creditor (except the government) can't garnish your wages until they have a judgment against you. Once they have a judgment, there are only two ways to stop a garnishment.One, work out a deal with the creditor to take a payment instead of garnishing your wages - usually this would involve making a lump sum payment. Two, file bankruptcy. Bankruptcy stops all garnishments.
Answered on Aug 19th, 2016 at 7:09 PM

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Landlord & Tenant Attorney serving Thibodaux, LA at The Louque Law Firm, L.L.C.
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I am unsure of what happened to allow them to garnish your paycheck. Did you get sued and they obtained a judgment? The only way to stop a garnishment is to get the creditor to agree or to file bankruptcy. The garnishment will continue until the debt is paid off until one of those things occur.
Answered on Aug 17th, 2016 at 8:37 PM

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Without your taking additional steps, the creditor can keep up the garnishment, but nothing forces them to do so. You could call up their collections people and ask them to hold off. A bankruptcy stops the garnishment in its tracks and will usually discharge their claim, and almost all other debts. You might want to consider that step if you have a number of troublesome debts. (BTW, they could not get a garnishment unless they had already sued you first. Did they serve a complaint on you? Did you have an opportunity to respond? If they never served you, you could move to reopen the case.)
Answered on Aug 17th, 2016 at 11:49 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The fact that your wages are being garnished indicated that you were sued and that there is a court judgment against you. Probably this judgment has been around for awhile, and if it has existed for more than 6 months, there is little or nothing you can do in court about it. May be worth considering settling this debt for a lump sum of cash or if the amount of this debt and your other debts is large, looking to bankruptcy for help.
Answered on Aug 17th, 2016 at 11:49 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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If you have other debt, think about bankruptcy which stop it.
Answered on Aug 17th, 2016 at 11:49 AM

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Bankruptcy Attorney serving Schenectady, NY
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Sounds like the only way to get rid of them now is to file a bankruptcy proceeding.
Answered on Aug 17th, 2016 at 11:48 AM

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