after they repo my car last year in december… then they auctioned it off to someone else this year in april… now they are calling and sending me mail about filing a lawsuit.. How much longer do i have before they start garnishing my wages?
i owe $7,000, (the difference)
Originally posted 2009-06-08 05:23:36.
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well first they have to have a judgement against you. you will receive papers delivered by the sheriff with a court date and time. this court date will determine what if anything you have to pay. if the judgement is against you garnishment usually starts with in 30-90 days.
I was say anywhere from 2-3 months depending on how much money.
Depends on how much they are taking from the check and how long they want to take it for, the larger the sum, the quicker they will begin taking your money…
it depends on the docket in your district. sometimes it can take a couple of months. they will have to obtain a judgment, then they will perform what they call discovery to see what you have going for you, then they will issue a writ of garnishment which your employer must respond to in writing and copy you, on the next paycheck your pay will be attached – up to 50% of your disposable income until the shortfall is paid plus fees, etc. your employer can also get in on the gravy and charge you for their costs of dinking around with the process (most don’t.)
there threating to file a lawsuit?ive never heard of that.It should just go in collections?Did they say they would garish your wages?Maybe you should ask them usualy when correditors get like that people just file bankruptcy.if they have already decided to garish your wages and you have gotten paper work on it with in a month or two .From the info provided it sounds like you need to just call and set up payments and if they cant help you go to a debt consolidation .And if you are makeing payments and they are still harraseing you make sure you keep all your reciepts and file a harrasessment lawsuit!
some companies will not accept a garnish…………….you are dusmissed
It first depends on the state you are in. Some states do not allow wage garnishment unless it is for things such as Child Support or Student Loans.
They must first file a lawsuit and get a judgment in court against you. If this letter you got was a standard collection letter then they have not even gotten to that point yet. If it is an actual summons you need to go to court on that date.
After your court date there is generally an appeal period, unless you did not show up and a default judgment was entered against you. After that period they will file for the garnishment, and you can expect anywhere from 30-120 days after that to have the garnishment start. The time is really dependent on how fast the paperwork makes it through the court system and gets sent to your employer. Once your employer gets it they will start the garnishment on the next paycheck.
If your state does not allow wage garnishment, they will go after your bank accounts, or any other real property you may own.
YES you CAN be garnished over a CAR.
Depending on what state you live in, you can be garnished for just about anything. A garnishment is only a debit from your wages to pay a debt or a legal judgement against you (like in small claims court). Most states garnish a minimum of 10% and add onto that the interest and fees that build up with it.
Don’t wait for that point. Try to negotiate with the creditor for fixed regular payments that you can afford. As long as you keep up your end of the agreement, you are not in danger of garnishment. The lawsuit thing is standard procedure since they need to go the legal route to get what you owe them.