Can a finance company garnish my wages?

Wage garnishment laws and what they could mean to you.

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Can a finance company garnish my wages?

Postby JaveraThomas on August 2nd, 2008, 12:11 am

i had a car that was repossed and now no one wants to buy it now the lender is saying that i owe the bal 7500 they are taking me to court will they garnish my wages??
JaveraThomas
 

Re: Can a finance company garnish my wages?

Postby richiethebum on August 2nd, 2008, 12:12 am

My opinion is: If they do take you to court, and they are awarded a judgment against you; they may garnish your wages. Here is some info on garnishment procedure where you live:
North Carolina Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor and upon affidavit that any person or corporation has property of said judgment debtor, or is indebted to him in an amount exceeding ten dollars, the court or judge may, by order, require such person or corporation, or any officer or members thereof, to appear at a specific time and place, and answer concerning the same. The court or judge may also, in its or his discretion, require notice of the proceeding to be given to any party to the action, in such manner as seems proper. N.C. Gen. Statute. _ 1360.

The court or judge may, by order, forbid a transfer or other disposition of, or any interference with, the property of the judgment debtor not exempt from execution. N.C. Gen. Statute. _ 1358. After the issuing of an execution against property, all persons indebted to the judgment debtor may pay to the sheriff the amount of their debt, or as much thereof as is necessary to satisfy the execution; and the sheriff's receipt is a sufficient discharge for the amount paid. N.C. Gen. Statute. _ 1359.

Interest Rate at which Judgments Accrue The legal rate of interest shall be eight percent per annum. N.C. Gen. Statute. _ 241. In an action for breach of contract, if the parties have agreed in the contract that the contract rate shall apply after judgment then interest on an award in a contract shall be at the contract rate after judgment, otherwise it shall be at the legal rate. Interest on an award in an action other than contract shall be at the legal rate. N.C. Gen. Statute. _ 245 (1986).
Also:

I believe that they cannot charge you until the vehicle is sold but I am not sure; that would be a legal question. I recommend you demand they sell the vehicle before they can apply the deficiency balance. If they do take you to court, make sure you show the judge this letter you gave them and also explain that they still own the vehicle.
richiethebum
 


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