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Aerie · Feb 10, 2011, 11:23 AM

I had a vehicle that was repossed in 2004-2005. The vehicle was sold in their auction, leaving a balance(amount unknown). I received a letter in 2005 stating I owe $4999 plus 25% per annum. My employer received a wage levy for this same bill stating I owe $9366.00. My wages were garnished and I have paid the bill in full, however when I filed bankruptcy in 2005 this creditor was a part of the bankruptcy and this is showed on my bureau. Is their anyway I can recoup these funds as there is a discrepancy in the amount due, the vehicle was sold, and the bill was apart of bankruptcy. I told my employer the bill was part of bankruptcy but they still took my funds. What can I do?

smoothy · Feb 10, 2011, 11:34 AM

I'm willing to bet that any statute of limitataions (not sure what it would be) must have expired since then since its now 2011.

Aerie · Feb 10, 2011, 11:46 AM

So, how do I find that out? How long is statute of limitations on any bill? Like I said the issue I have is the bill shows on my bureau as filed in bankruptcy, however I paid the bill to a third party through garnishment. There was no writ of execution, and on public records it shows the bill has not been satisfied. When I went to the firm that CAC sold the account to they did not want to give me any information on the bill and they refused to provide me with a payment received printout and told me to ask my employer for a print out. When checking ,my bureau it lists the company name, no phone number and it states you can only send a letter and wait for a response. So are you saying I can't get my funds back?

smoothy · Feb 10, 2011, 12:08 PM

Those statutes will apply in the state the debt occurred. You can Google them up for that state.

Your employer didn't simply take that money... they were presented with a valid writ of garnishment issued by a court.

The only chance you would have to contest that would be through the court that issued it and that's going to take the involvement of a lawyer at your expense.

But keep in mind... the burden to prove it was issued in error will be yours to make because the court already ruled on that. And that assumes its not outside any statute of limitiations time which would result in a dismissal of any case you try to make.

By the time you pay the lawyers legal fees you can quickly eat up a large portion of that... and if you lose... you are even further in the hole. But there is always the chance of winning.

There will be other answers, some from people who may have more direct experience... so be patient they will come.

Aerie · Feb 10, 2011, 01:14 PM

I can prove it as I have the paperwork stating what is owed, but later my employer has paperwork showing the amount of $5000 more. I did check with the county and they stated a judgement was entered but there was no writ. The company CAC hired attorneys to do this. Yes I want my money back, because the debt was included in the bankruptcy, yet 5 yrs later I get garnished and on the public records website as well as my credit report it shows that I still owe the full amount when I have the garnishment paperwork, check stubs with amounts taken each check and the letter from the law firm showing what I have paid so far. When I requested paperwork from the law firm they simply said "we didn't do anything wrong"!

smoothy · Feb 10, 2011, 07:51 PM

If you believe that then hire a lawyer. But its not a do-it-yourself thing... too many statutes to have to quote... too many rules and timelines to have to follow for anyone without a law degree and familiarity in that specialty to do themselves. You could run out the clock on the statute of limitations before you got them all right.