Legal Question in Credit and Debt Law in Florida
I returned my car and the finance company sold the car and sent a letter stating I have a balance left of $7K. They have now sold this debt to a collections agency which is now harrassing me. Do they have the right to file a judgement against and garnish my wages for the balance due?
4 Answers from Attorneys
Yes, if they are properly assigned the debt.
Let's assume that you are correct and that the debt has been sold to the collection company. The collection company now owns the debt and can take whatever legal steps are necessary to collect the debt. There is no such thing as filing a judgment out of thin air - you must be properly served with a complaint and the judge must enter a judgment against you. Judgments just don't appear by magic or without your knowledge. Once a judgement is entered against you, the creditor has a right to try to garnish your wages. Whether it is successful in garnishing your wages is another matter. You owe it yourself to try to negotiate a payment plan now, rather than waiting until you've been sued.
If there is a judgment against you in the county court, then yes they can. However, if I were you I would check to see if the dealership got a judgment against you - if they did, then file a Petition to set aside the judgment for lack of improper service. Ask for a pretrial hearing and see if you can mediate the amount.
Your best bet is to see a consumer lawyer who handles these types of cases. Most of us have never lost a collection case and, if we charge a fee, it is small proportionately to what the claim is about. see www.ConsumerLawyerHelp.com for help.