Legal Question in Credit and Debt Law in Utah

My car was repossessed in Oct 2001. I voluntarily gave my car back to capital one. They sold my car and charged off the remaining balance according to my report. But In may of 2007 a collection company I've never heard of nor been contacted by was awarded a judgement by default against me for the amount of $6,353.00. I was out of state working for 6 months and had no idea this was rewarded until I checked my credit report and saw the judgement. I knew that was the only thing it could be. I figured if I contacted them they would pursue me by garninshing my wages since the judgement was awarded so instead of contacting them I just let it go. months, years, passed and just last week I was given a paper that says they will be garnishing my wages, and that I have 10 days to respond for a request for hearing. The amount they are suing me for is around $14,000.00 I have no idea how it is that high. I paid less for my car 10 years ago. what they are suing me works out to be around 200.00/week. On the garnishment paperwork my address is incorrect, they my address as a street I previously lived in on in california, and the city and state right. how can they garnish my wages w/out letting me know of their intent? is it my employers responisibility to contact me? Is there anything I can do to fight the original judgement by default since i was out of state? or the garnishment?


Asked on 4/15/12, 3:28 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Your chances of fighting the judgment are not very good because you knew of the judgment for several years and did not do anything about it. However, you can try by claiming that you were never given proper notice.

Your likely choices are to either settle with the collector, which may take less with a lump sum payment, or to file bankruptcy, which will get rid of that debt along with any other unsecured debt.

You may call for a free consultation.

Read more
Answered on 4/16/12, 10:40 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Utah