What to do if I recently received a garnishment on my pay without any prior notice?

UPDATED: Dec 31, 2011

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What to do if I recently received a garnishment on my pay without any prior notice?

My HR department said they had sent me some paperwork a week prior but I did not receive it. I asked them to send it again. The situation is I financed a vehicle 6 years ago. We purchased it used for about $15,000. The vehicle was repossessed after about 2 years of $500 monthly payments. The bank has garnished my wages for $104 per week for a total of at $22,400. I realize I may be responsible for the difference between what the vehicle is worth and what was left on the loan but this amount seems extreme.

Asked on December 31, 2011 under Bankruptcy Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If for some reason human resources at work failed to timely give you notice that the judgment creditor garnished your wages, you need to speak with the human resources department about why this happened.

As to the wage garnishment from your paychecks, you need to see if the $104.00 weekly take out is in accord with current state and county guidelines for the garnishment. As to how the $22,400 amount that you owe was calculated,you need to pull the court file regarding the lawsuit that you were in. Most likely the amount includes towing and storage fees, attorneys fees, pre-judgment interest and accrued interest and the difference between what you owed on the loan and what the used car was auctioned for.

You might want to consult with an attorney that practices in the area of debt collection defense.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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