Legal Question in Credit and Debt Law in Utah
Garnishing Wages
I had a vehical, it was totalled, the insurance did not pay the whole loan off. The bank is telling me because I am so late on payments I will have to pay a full payment this month or they will start garnishing my wages. I make 7.5 hr recently divorced getting no child support and supporting 2 children off my salary. Can a bank legally garnish my wages without taking me to court? I have offered to pay them as much as I can but they told me if I couldn't pay the full payment I shouldn't send any thing I am trying to avoid bankruptcy
1 Answer from Attorneys
Re: Garnishing Wages
Your wages cannot be garnished without taking you to court and getting a judgment. You can pay whatever you want. Although the bank is not required to accept partial payments, most do accept them. If you are dealing with a collection agency you may have more problems than directly with the bank. You may want to talk to the bank about restructuring your loan (not the collection department).
With your income and pending divorce you are probably 'judgment proof' meaning that after your divorce you do not make enough to be garnished, if you object. If this is a debt which your divorce requires your ex to pay, then make sure they contact the ex.
Push for support payments from your ex through Recovery Services.
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