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smilekatt · Aug 16, 2007, 11:09 AM

My boyfriend checked is checking account and found an amount that had been deducted from his checking account. Turns out it is a garnishment. The garnishment is for a car that he had a loan on that had been totaled in an accident. He said that he knew that there insurance had paid for the car. He said that about a year ago he had been contacted by the finance company that he owned 75.00 for late fees and that the insurance does not cover late fees due. He went to the bank yesterday and found that the garnishment is in the amount of $9,000.00. He had no notice that they were attempting to put a judgement on him or that a judgement had been served. The first sign or notice of anything was the garnishment on his account. This is in the state of VA. He did (finally) get in touch with the finance company and they are going to send him the paperwork or documentation. Not sure what that is going to be until we see it. Just wondering what can be done? How do you fight a garnishment? Can this be taken back in front of the judge? Doesn't the finance company have to contact someone before they can get a judgment? Appreciate any help or advice.:eek:

slowandeasy · Aug 16, 2007, 12:38 PM

In order to have a judgement,There had to have been a court date. Did you receive anything about going to court for the alleged debt?

ScottGem · Aug 16, 2007, 12:44 PM

File a motion with the court that issued the garnishment order to vacate the judgement on the grounds of improper service. Get to the insurance company and confirm that they paid off the balnace of the loan.

If they did, the court should vacate the judgement and order the money returned.

smilekatt · Aug 17, 2007, 03:17 AM

Slowandeasy-never received any notice about a court date.

ScottGem-Thank you for the response. Going to try and find out what court it was filed in today, how do you file a motion to vacate the judgement?

smilekatt · Aug 17, 2007, 03:21 AM

Also need to find out what the terms of the Garnishment is today as well. Last week only 61.00 dollars was taken out. Today his pay went into his checking account and tried to get gas on his debit card and it was denied. He is going to call the bank to find out what the terms of the garnishment is. Curious if they only take out a percentage or if they would have a hold on the entire amount. I wonder if the best thing to do so that he can get his wages is have the direct deposit stopped until this can be worked out. I wonder how long it takes to get the motion to vacate a judgement processed? Would appreciate any suggestions or advice. Thanks

ScottGem · Aug 17, 2007, 05:50 AM

A garnishment on a bank account freezes any funds put into the account until the amount of the judgement is paid off. As soon as he found out about the garnishment, he should have tried to stop direct deposit.

As for how to file the motion to vacate ask the court clerk if there is any form required.