Three years ago my Ford pick up has been repossessed just one month before the end of the lease with only one month behind payments. Then I was sued by them for payment over $2,000. At the court nobody from their company showed up and the judge has denied their motion. Two years later the same story happened. The court, their no show, judge denied. I sent them the paperwork from court. Now almost another year later I have received a letter that they will go after my monthly earnings. Do they have the right to do that now?
They certainly cannot go after you earnings until and unless they obtain a judgment against you, which it appears they have yet to do. Whether or not they still have a right to sue, I agree with the previous poster, if the case was dismissed without prejudice then they can refile. What you probably have is a demand letter indicating that garnishing your earnings would be one of the remedies available to them IF they were to get a judgment. Although you did not ask, but since you posted in the "bankruptcy" forum, I will tell you that if you are eligible to file a chapter 7 bankruptcy, that would discharge your liability on the debt and prevent them from ever coming after you again, and even in a chapter 13, you would likely pay them little to nothing and discharge any remaining debt upon completion of the plan. Good luck.
Graig P CorveleynBankruptcy AttorneyHopewell, NJ ·
I agree with my colleagues, talk to an attorney right away. In the event that you have a similar situation (ie. Ford files against you and then doesn't show), ask the Court for dismissal with prejudice so they cannot come back and refile. That many lawsuits dismissed for failure to show, the Court MAY dismiss with prejudice.
Kenneth Drake OzmentBankruptcy AttorneyWest Palm Beach, FL ·
Hi, if the previous lawsuits were dismissed without prejudice to re-file again, then yes. it sounds like they actually obtained a judgment in one of the follow cases and are now proceeding to collect on the judgment by way of garnishing your wages. You may have certain defenses to such action, but must act swiftly to assert those rights or your wages may very well be garnished. You do have options so i suggest you see an attorney during a free consultation like our firm offers. Please call 561 689-6789 if you wish to see an attorney to discuss this or other matters. Thanks and good luck, Drake Ozment
