Legal Question in Consumer Law in Kentucky

My vehicle was repossessed I actually took it back to the car lot I purchased from because I could not longer afford it. Time went by and I was served with a summons to appear in court. I show up for this the representative for the company did not show up and the judge dismiss it. Later I received a letter stating that they would start garnishment on my paycheck. Now I am being garnished since October, 2009. My question is if the judge dismiss it how are the able to garnish me? Also, if the vehicle is sold that money should have been applied to the amount that I owe to the company. I did not receive any letter to this affect that I can remember, I try to keep all papers. If they didn't contact me to let me know that the vehicle has been sold, is there something that I can do?


Asked on 10/06/10, 6:48 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

Yes, you can get an attorney. You won't be able to straighten this out yourself. A garnishment cannot occur without a court order. Is it possible they refiled and you didn't show up for the second hearing?

It is better to attempt to sell the vehicle yourself than drop the car back off. They will never credit you with what you should be credited.

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Answered on 10/11/10, 2:28 pm


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