In 2006 before my ex-husband and I were married, we obtained a personal loan as joint in the amount of $6,000.00. This loan was initially for him and he made the payments, but I agreed to use my vehicle as collateral.
My ex-husband stopped making the payments and as a result my car was repossed and auctioned off in 2008. We divorced in 2009 and I was left with responsibility of this loan in our divorce decree.
May of 2012 my ex-husband was summoned to court and sued for the amount of $7,611.01 in which he agreed. August 2012 my employer received a notice to garnish my wages for the amount of $7,611.01 they were also further required to notify me of this garnishement along with a statement to the courts.
My employer did not notify me of this, they starting garnishing my wages. (My wages are already garnished once for child support) Over the course of 4 weeks, I noticed more and more was missing from my paycheck. I then asked my employer to explain this to me so they then emailed a non-legible document to me.
I contacted the courts to get the details of the matter. I was never summoned to court and never notified by anyone. My job refuses to stop sending this garnishment in without a court order to do so. Now I have 2 garnishments coming from my check, one that I am aware of, and the other was a very big surprise.
So my question is: What can I do to stop this garnishment? Can I be reimburshed for the money that has been wrongfully taken from my check? And what can I do to make sure my ex-husband pays this debt? Can I receive some relief for this along with restitution for stress. Lastly, seeing as how my vehicle was repossed 4 years ago, and the initial loan amount was $6,000 with only $3,000 owed, I was never contacted by the bank nor the court and not even my employer, and my ex-husband was the one being sued and even agreed to this in court.
I do not understand how my checks are being garnished for $7,611.01. What can I do. Please help!! Thank you (I have attached a file of the document that my employer furnished for me 1 month after they were served.)
You need to talk to an attorney that is licensed in the state you live in. The attorney will be able to tell you if the garnishment is proper or if it can be canceled due to a technicality. You should also review the total amount that is being garnished from your check to make sure it does not exceed the maximum allowable percentage.
Do you have any other debts that you owe or are these two issues, it?
Please post your responses and follow-up messages to me on this in the comments section below.