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Is my Garnishment Legal


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The last post in this topic was posted 3879 days ago. 

 

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Hi,

I have a automobile that I had given up to the creditor because my wife lost her job and I could not afford it. Instead of coming to pick up the auto the went to garnishment even though I told them I was going to do a bankruptcy. not more than a week later I received the fact they were going to garnish me. but I still have the car. is this legal? or should I get a lawyer and sue both the lender and the attorney who is collecting?

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Talk to your BK attorney.

And never warn your creditors ahead of time you're going to file BK... they'll take what action they can to get as much as possible before the BK happens.

Is it legal? If the judge signed off on it, then I imagine so.

I'm not an attorney, and the law firm I work for handles corporate law, not individuals... DW on the other hand is a paralegal for a US Bankruptcy Trustee, so I hear lots and lots of horror stories. Yours is not out of the ordinary.

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I would recommend you read up on the repo laws in your state. Also contact your BK attorney, if you have retained one already (you were not clear on what stage in the process you are in).

 

What type of correspondence did you receive in regards the garnishment? Was it a copy of a writ (your employer received) or was it a writ from the original creditor or was it just a threatening letter from the creditor? You need to be very specific when posting here and asking for advice.

 

Finally, I recommend writing a timeline of the events that have taken place. This will help you get your thoughts together. Then when that is done, post again (to this thread) with a more detailed and specific statement of the facts. Then I am sure that someone here will reply. Take care.

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Hi,

I have a automobile that I had given up to the creditor because my wife lost her job and I could not afford it. Instead of coming to pick up the auto the went to garnishment even though I told them I was going to do a bankruptcy. not more than a week later I received the fact they were going to garnish me. but I still have the car. is this legal? or should I get a lawyer and sue both the lender and the attorney who is collecting?

They can't just get a garnishment. They have to first sue you and then get a judgement. The whole process takes much longer than a week. How did you hear there was a garnishment?

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