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lackeyjames
Jul 31, 2008, 10:21 AM
I cosigned on a car for my spouse and a little while later he filed bankruptcy, they reposessed the car, we got divorced. That was over 15 years ago. Now they are garnishing My wages,my question is this how can they reposess the car and come after the cosigner over a decade later, and who knows a good lawyer to handle this here in Georgia?

excon
Jul 31, 2008, 10:33 AM
Hello lackey:

Since they are garnishing your wages, that means they have a judgment. You can go back to court to ask that the judgment be set aside. However, in asking a judge to do that, the only issue you can raise in front of him, is that you weren't properly served. If that is so, and the creditor can't prove that he DID serve you properly, then the judgment will be set aside and the trial will be scheduled again.

Of course, MOST people who are sued get countless phone calls and letters beforehand. Then they are visited personally by the courts to inform them of the lawsuit. If NONE of that happened, you have a shot at getting a new trial.

In a new trial, you can bring up issues like the statute of limitations and the bankruptcy, and the repossession and stuff. Who knows? You might win.

excon