[lsokolik]

Hello
I am from Florida. Ford Credit is trying to garnish my wages. Is it true that if there is no notification in writing from me that I agreed to the garnishment in the original contract - then they cannot garnish my wages. I am a single individual. I have read my original contract and there is no agreement to garnish my wages in the contract. Please Answer! Thanks
Laura

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Generally a creditor cannot use a garnishment without getting a judgement. I don't think a contract where you agreed to a garnishment would be legal since you would be signing away your right to due process.

How do you know they are trying to garnish your wages?

[lsokolik]

Scott
Thanks for your response. Sorry for the improper post - this is my first time to this site and was having some trouble figuring it out.

Ford Credit has already had my employer and myself served with Writ of Garnishment and it is to begin with this pay period.

I just make it paycheck to paycheck now. My employer contacted Ford today and they are willing to reduce my garnishment to $100.00 per month. That is going to make things way hard for me. I am considering bankruptcy but I am not sure that I can qualify. I am single. I make $528.00 per week. The total amount due to Ford at this point is $4,635.94 and I have a $2,000.00 credit card balance.

At this point as far as I know these are my options:

- Pay Ford 100.00 per month (they would stop the interest) for 5 years.
- Request a hearing to decide the validity of my claim. (but I obviously owe this) Should I request the hearing?
- File for bankruptcy

This car was returned after 2 years on a 3 year lease - I lost my job due to a Layoff and was no longer able to make my payments. I now make only a third of my previous salary.

What do you suggest? Should I request a hearing or should I just file for bankruptcy? Can I qualify for Bankruptcy? Any help you can give would be greatly appreciated.

[ScottGem]

Ok, so they did get a judgement against you at some time in the past. Then the writ is perfectly legal.

If you are sure they can prove that you owe them this much, then don't bother fighting it. If you did manage to get it vacated on improper service, they would just serve you as you left the courtroom. All you would be doing is delaying payment.

I think Ford is offering a decent deal with the $100/mth. Only you can decide if you bankruptcy is a better route than tightening your belt.

[lsokolik]

Thank you I am probably going to take the $100.00 a month.