Legal Question in Credit and Debt Law in California

Re: Car repo and wage garnishment for payment

Yes, they need a judgement.

Re: Car repo and wage garnishment for payment

They absolutely need a judgment before they can garnish her wages. Moreover, the threat to garnish wages before they obtained a judgment is a violation of the Rosenthal Fair Debt Collection Practices Act. Consider hiring a consumer attorney to review your case. Attorney fees can be contingent. For more info, I have some of the law explained on my website, www.truebloodlawfirm.com. Good luck.

Re: Car repo and wage garnishment for payment

Thanks for your posting. As you can tell from the attorney answers, it's unanimous -- they DO have to have a judgment before garnishing wages. And to get a judgment, they have to (1) serve your mother-in-law, (2) wait for her to answer, and (3) take her to trial and prove their case, OR take a default judgment before they can get anywhere close to garnishing wages.

That doesn't mean, however, that many smaller collection agencies don't threaten to garnish wages to get money out of you. Unfortunately, this is all too common.

Best of luck.

Re: Car repo and wage garnishment for payment

you either have had to be served, subserved, or served by publication in order that a judgment be entered against you. Unless there is a judgment against you, you can not have your wages garnished. Something is wrong. If you fax me all paperwork you have to 714 363 0229 I will provide you with free consultation.