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shevychic · Nov 2, 2009, 10:11 AM

I pawned my car title 3 years ago. Barrowed $800 and paid back $1200. Could not afford to keep paying, car was breaking down, I was having medical problems. I stopped paying. The kept calling me so I told them to just come and get the car. They refused, they said that they didn't want the car that they wanted the money.
Long story short, they are having a man call me now 3 years later saying that he works for them and is getting ready to go to the court house at 4 pm today and file a warrant on me to have my wages garnished.(? ) I asked him don't they have to take me to court? He said that they did not! Why he was telling me all this I don't know (maybe to scare me in to paying), but he told me that they were dirty and that they would probably give the courts an old address for me and have me servered there and when I don't answer, they win by default and the garnishments start.
Is this true? Is it this easy for them to start garnishing my wages? I can not afford to have anything taken out of my check or my children and I would not be able to afford to live anywhere.

tickle · Nov 2, 2009, 12:19 PM

I believe they have to have a judgment against y ou, shevychic, before they can take your bank account. They have to take you to court in order to do that.

Tick

stevetcg · Nov 2, 2009, 12:51 PM

If they fail to properly serve you and obtain a default judgment, you go into court and file for a dismissal for improper service.

But chances are they will just serve you at the courthouse and still get the judgment. You owe them money and there isn't any way around that unless you can prove you don't.

PoorBloke · Nov 2, 2009, 01:31 PM

Originally Posted by stevetcg

If they fail to properly serve you and obtain a default judgment, you go into court and file for a dismissal for improper service.

But chances are they will just serve you at the courthouse and still get the judgment. You owe them money and there isnt any way around that unless you can prove you dont.

I believe burdon of proof is on the plaintiff.. go to court and make them prove you owe the debt.. otherwise pay it. You will still end up paying it if they can prove you owe it though.

stevetcg · Nov 2, 2009, 01:46 PM

Originally Posted by PoorBloke

I believe burdon of proof is on the plaintiff.. go to court and make them prove you owe the debt.. otherwise pay it. you will still end up paying it if they can prove you owe it though.

Well sure, but its generally assumed that if they are getting to the point of getting you in court, they have reason to believe that the debt is legit.

PoorBloke · Nov 2, 2009, 04:01 PM

Originally Posted by stevetcg

Well sure, but its generally assumed that if they are getting to the point of getting you in court, they have reason to believe that the debt is legit.

Could be a scaretactic also.. how's the SOL on this debt? Is it out by your states standards yet?

ScottGem · Nov 2, 2009, 04:08 PM

The process goes like this. They file suit and you are served a summons. You then have to answer that summons within the listed time (usually 20-30) days. If you do, a hearing is scheduled, At the hearing they will present proof that you agreed to the debt. If they can prove it, they will then ask the court for a writ of garnishment and serve it on your employer.

Since they threatened trying to get a default judgment, I would check the court house every week to see if a suit has been filed. If they do and you are not properly served bring that to the attention of the judge.