Ask Me Help Desk - Wage Garnishment

I Guess this goes here... since all the other Garnishment questions are.
Anyway. Long story short.
I bought a car in Nevada(where I live) in Oct 07 the car then was totalled out in Dec 07. My insurance wouldn't pay off the entire amount of the vehicle. Payoff was ~$6800 and insurance only paid ~$5200, so I was left with a substantial amount. Work has been very slow. Right now I maybe work 1-2 days a week if that. And now the Bank has gotten a court order to garnish my wages, the case was filed in Oregon where the bank is located, and I have been told that they should have filed in Nevada since that's where I lived and they couldn't file in Oregon, now I get a Writ of Garnishment and I am still not working enough... Anyone know what could happen next, or should I try to get this stopped? Should they have filed in Nevada? I don't currently own a car, I live with family right now I just own a bed... no bank account. So I don't have anything they could take... could someone point me in the direction of a inexpensive lawyer..

Quote:

Originally Posted by NvJuggalo

I Guess this goes here....since all the other Garnishment questions are.
Anyway. Long story short.
I bought a car in Nevada(where I live) in Oct 07 the car then was totalled out in Dec 07. My insurance wouldnt pay off the entire amount of the vehicle. Payoff was ~$6800 and insurance only paid ~$5200, so I was left with a substantial amount. Work has been very slow. Right now I maybe work 1-2 days a week if that. and now the Bank has gotten a court order to garnish my wages, the case was filed in Oregon where the bank is located, and I have been told that they should have filed in Nevada since thats where I lived and they couldnt file in Oregon, now I get a Writ of Garnishment and I am still not working enough....Anyone know what could happen next, or should I try to get this stopped? should they have filed in Nevada? I dont currently own a car, I live with family right now I just own a bed...no bank account. so I dont have anything they could take...could someone point me in the direction of a inexpensive lawyer...?

If this goes back to December 2007 they certainly moved fast! These things usually drag on forever.

They didn't just get a Court Order - they had to get a Judgment against you. Were you served? Did you appear?

I don't think you can get the garnishment stopped unless you can pay them in full - which it doesn't appear you can do. Unfortunately, the time to negotiate was before or during the Judgment process.

Attorneys sponsor this site, their names are on your original post - I have no idea what you consider inexpensive to be but "I can't afford it" is not grounds to lift the Order.

(Judgments can be transferred from State to State, perhaps that is what has happened here.)

Quote:

Originally Posted by NvJuggalo

II live with family right now I just own a bed...no bank account. so I dont have anything they could take...could someone point me in the direction of a inexpensive lawyer...?

Hello Nv:

There's only one advantage to being broke - and that is you're judgment proof. You don't need to stop them by hiring a lawyer - you're stopping them by NOT PAYING.

See it you can't get a job paying cash, and they'll never collect a dime. Eventually, they'll go away.

excon