Legal Question in Credit and Debt Law in California
I am being sued by a car dealership from 6 yrs ago I do owe the loan but I missed my 30 days to respond and now they might garnish me I am a single mom with 4 kids how do I keep them from garnishing or have the garnishment lowered? Can I still do something about this?
2 Answers from Attorneys
You can still answer if they have not defaulted. If they have, you can file a motion asking the Court to set aside the motion: you need to do the motion right away.
Other than as mentioned by attorney Selik, you might want to consider the bankruptcy option since even if you are able to answer the complaint you will probably lose the case eventually and end up with a judgment. Therefore, answering the complaint, if not too late or if you get the court to set aside the default if necessary, might just be a temporary solution. It will stop the creditor from getting a default judgment now but sooner or later the creditor will be able to get a judgment against you. Talk to a bankruptcy attorney to see if that would be an option for you.