Legal Question in Credit and Debt Law in Nevada
wage garnishment
I am currently having my wages garnished for a car that was owned by my x wife and myself. My x turned the car back in to the credit union it was financed through and promptly filed a chapter 7 bk with out my knowledge. The attorney for the credit union met with me and said we could work something out. The next thing i know my wages are being garnished. I was never furnised any info as to what they got for the car or where they came up with the balance they claim i owe them. Is there a way i can legally stop this garnisment and force the credit union and there attorneys to provide me with documents showing me where they came up with this ridiculis balance they claim i owe. I have called them many times but never get a reply. I hope ther e is something i can do. this is createing a tremendous hardship for me. Thank you and i look forward to your reply.
1 Answer from Attorneys
Re: wage garnishment
A garnishment presupposes that Court records disclose that you were sued, and failed to defend. If you were not properly notified, you might be able to set aside the Judgment.
Following repossession you have the right to redeem the vehicle by paying of the full amount due, plus reasonable repossession costs (i.e. towing and storage charges) N.R.S. 104.9504. For motor vehicles the creditor must give you written notice of your right to redemption and notice of the intent to sell the vehicle within sixty (60) days after repossession. N.R.S. 482.516.
N.R.S. 482.516 sets out specific requirements of a notice of sale of a repossessed vehicle. You may wish to consult with an attorney to determine whether or not the notice you receive meets those requirements and what your rights are in the event it does not. If you do not redeem the vehicle within ten (10) days of receipt of the notice, the creditor may proceed with the sale.
After resale the creditor may attempt to collect from you the deficiency balance. A deficiency balance is the difference between the outstanding debt at the time of resale and what was obtained through the sale. However, in order to collect a deficiency, the sale must be reasonable. If you did not receive written notice of the sale and/or it does not appear that the sale was reasonable, you should consult an attorney.
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