Legal Question in Credit and Debt Law in Utah

reposession judgement

About a year ago I had a car voluntarily reposessed, when the bank auctioned it they wanted the difference and we could not afford it. They kept demanding it, sent the case to an attorney when we got in touch with them we offered to make payments of what we could afford and they rejected the offer and sent papers of a court judgement. We assumed we would get another one with a court date where we could plead our case, but the next thing we got was papers saying that the judgement sided with the bank. We didn't get a say in anything and now we don't know if they are going to garnish my check or what. We just want to know what our options are if we can fight this or if it is a done deal and we will have to pay. The judgement is for a principal of 6575.28 with intrest of 1123.56 and attorneys fees of 775.00 for a total of 8473.84.


Asked on 12/02/04, 7:10 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: reposession judgement

You would have had to have been served papers naming you as a defendant before the judgment. If you failed to show up at court, default judgment would have been granted to the plaintiff. Once judgment is granted, then your wages and bank accounts can be garnished. There are rules about garnishment which limit the amount of money that can be taken. You will get notice of garnishment. Do not ignore the notices, but read them carefully and get help if needed to understand your rights. You will have to pay the debt, or take out bankruptcy.

Read more
Answered on 12/03/04, 12:10 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: reposession judgement

a wage assignment cannot be executed against you absent a valid judgment against you allowing such a remedy thereafter. if you are unsure about the status of the court proceedings against you, you may want to contact the courthouse that had jurisdiction over your case and find out where things stand. if in fact, there is a judgment against you, a wage garnishment may be a viable collection remedy, however, there are ways around this as well. for the $8K+ debt you owe, it hardly seems to be enough to even consider bankruptcy, especially since debt negotiations on this amount would be a FAR better alternative in taking care of this matter without the long lasting stigma and consequences of either a chapter 7 or 13 bankruptcy. if you would like further assistance in resolving this matter effectively and efficiently, hopefully with wage garnishments or bankruptcy options, contact us directly. hope this helps.

Read more
Answered on 12/03/04, 12:36 pm


Related Questions & Answers

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