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Red74 · Jul 31, 2007, 11:01 AM

Can a debt collector for a repoed car garnish my wages, What is the process of doing so, do I actually have to appear in court before it happens, and can threatening messages be left on my answering machine that she's going to garnish my wages and do I have the right to request any paper work of this debt be sent to me on paper before making any kind of arrangements? PLEASE HELP.

mr.yet · Jul 31, 2007, 11:12 AM

They must first obtain a judgment against you. Have you received a summon to appear in court?

ScottGem · Jul 31, 2007, 11:17 AM

If a car is repoed, that does not clear the debt. Generally, the car is auctioned off with the proceeds going towards the loan balance. The borrower is still responsible for any balance after the auction proceeds are applied.

The creditor can then file suit to obtain a judgement against the borrower for the balance due, plus interest and fees. The borrower must be properly informed of the suit and is entitled to appear at a hearing on the suit. If the borrower doesn't appear a default judgement is entered. Once a judgement is obtained, the creditor can then request orders of garnishment against wages and/or cash assets (bank accounts, etc.). The crteditor does not have to be informed of these orders.

One point I'm not clear on is whether a judgement is necessary to authorize the repo. If one is, that judgement may be applicable to any remaining balance, but I believe they are separate and the initial court order only covers the repo and a new judgement has to be obtained for the remaining balance.

You do have the right to request documentation of the debt, but only in case of a suit. I suggest you try to settle with them before they do garnish your salary.

Red74 · Jul 31, 2007, 11:18 AM

No I haven't had to go to court she just keeps leaving messages saying we're going to garnish wages.

ScottGem · Jul 31, 2007, 11:25 AM

Send her a letter stating that she is not to call you any more, all future correspondence must be by mail. Send it certified. In the letter ask for documentation of the debt. This should include a copy of the original loan contract, copy of the auction proceeds and record of those proceeds being applied.

Red74 · Jul 31, 2007, 11:38 AM

I'm very thankful and yes postings are helping. Does anyone know about how much of my check can be taken. Is there a % limit or can they take all of it?

ScottGem · Jul 31, 2007, 12:01 PM

Generally its 25%

Red74 · Jul 31, 2007, 09:05 PM

Thank You what I offered to pay each week is only a little difference.

excon · Aug 1, 2007, 07:57 AM

Hello Red:

You didn't ask about your bank accounts, but with a judgment, they can clean them out too.

excon

s_cianci · Aug 1, 2007, 10:09 AM

Has the collector actually obtained a judgement against you? If not, then all they can really do is threaten (keep records of any messages they leave you.) And yes, definitely demand to see all relevant paperwork. Don't agree to a thing until they produce it.

Red74 · Aug 1, 2007, 11:22 AM

Thank You Everyone I'm scared with all this coming up and maybe this is wrong to say but I just quit smoking so I'm trying to deal with all this and not smoke and your help is helping me do that. Judgement not that I'm aware of. I have requested hard copies sent to me all this women does is yells at me on the answering machine and she scares me.