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-   -   Garnishment of Wages (https://www.askmehelpdesk.com/showthread.php?t=138242)

  • Oct 8, 2007, 03:54 AM
    cherger
    Garnishment of Wages
    I bought a car in 1998. I ran into financial difficulties in 1999 and they repoed the car. Since that time I have never heard from the company. No letters or anything. I lived in the same place for 7 years and never even received a phone call. A few years back I checked my credit report and the only thing on it from this company was $403.00 charge. There was some damage on the car when they took it back so I assumed that was what the $403 was for. I contacted the credit bureau and they told me that the company can file each year to keep that active. I live in Georgia. All of a sudden I get a notice from my employer that National Auto Sales is granishing my wages for $10, 719.00. The copy of the garnishment has that they filed in Fulton County, the case number, I guess, as I can not read any of it. And it was signed by a clerk in Cherokee County. My questions are this. First, do I not have the right to go to court when they file? I thought everyone had the right to their day in court. Second, it has been eight years with no communication from this company. Can they collect after eight years? I thought the law was that after 7 years whatever is on your credit report falls off? I never got any notification about them selling the car. No certified letter or anything in the last 8 years. Also, if the garnishment goes through how much can they take and how often can they take it? Also I don't know where they came up with the amount of $10,000. I didn't sign a contract for that amount of money. Can I be fired from my job if the garnishment goes through? And what is my recourse into finding out what this is all about. Some people tell me that it is just a scare thing but I am really mad about this as they never wrote, called or anything on this . I have not heard from this company until this thing was sent in the mail. And they can not give the excuse that they could not find me. Because like I said I was living in the same place for 7 years and my phone number was listed. And they found out where I worked, so why could they not find out where I worked before. I was at the same job for 3 years before this one. Thank you for your time and consideration.

    Cheryl
  • Oct 8, 2007, 04:11 AM
    mr.yet
    Check with the court, from whrere the granishment came from, see if there is a judgment against you.

    MOst state require that a judge signed a garnishment order, not the clerk.

    You can file Motion to Vacate the Garnishment with the court.

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