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  #1  
Old 11-06-2008, 04:57 PM
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Join Date: Dec 2006
Posts: 7

garnishment of wages


Maricopa, AZ

Hi,

In August of 2008 I got into an accident that totalled my car. Now, when I got into in accident I called my insurance to make a claim. Come to find out my insurance had cancelled our insurance a few days prior to the accident without notice. According to insurance, they had sent letters saying that we needed to pay x amount of dollars or they would cancel the policy. Since we never got the letter (or we misplaced it and forgot about it) when I called the next day they said they had done nothing with the accident claim because there was no policy. anyways, I talked to our insurance agent telling them that I could pay the prior month and current month if they would cover the accident. she checked with their underwriter and she said they could not do that. (I mean why would they, they could get out of paying off a car right?) Needless to say, I have been talking with the financial company that I was paying and they are saying that I need to still pay for the car that is not drivable. I told them that I will be willing to add the deficit from the balance of the car to a truck purchase that I want to make and the beginning of next year. (I mean I did say I would pay for it when I bought the car - I didn't expect to get into an accident). So my question is. Can they legally garnish my wages to pay for this car? if so, how can I tell them not to and to just take my next three years tax return.

thanks for reading

-JJ
  #2  
Old 11-06-2008, 07:18 PM
Senior Member
 
Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
If they sue you and obtain a judgement, they could garnish your wages and you would not be able to stop them. They would have to sue you first.
  #3  
Old 11-06-2008, 07:19 PM
Senior Member
 
Join Date: Dec 2007
Location: Thebes
Posts: 6,108
Quote:
Originally Posted by az1081 View Post
Maricopa, AZ

Hi,

In August of 2008 I got into an accident that totalled my car. Now, when I got into in accident I called my insurance to make a claim. Come to find out my insurance had cancelled our insurance a few days prior to the accident without notice. According to insurance, they had sent letters saying that we needed to pay x amount of dollars or they would cancel the policy. Since we never got the letter (or we misplaced it and forgot about it) when I called the next day they said they had done nothing with the accident claim because there was no policy. anyways, I talked to our insurance agent telling them that I could pay the prior month and current month if they would cover the accident. she checked with their underwriter and she said they could not do that. (I mean why would they, they could get out of paying off a car right?) Needless to say, I have been talking with the financial company that I was paying and they are saying that I need to still pay for the car that is not drivable. I told them that I will be willing to add the deficit from the balance of the car to a truck purchase that I want to make and the beginning of next year. (I mean I did say I would pay for it when I bought the car - I didn't expect to get into an accident). So my question is. Can they legally garnish my wages to pay for this car? if so, how can I tell them not to and to just take my next three years tax return.

thanks for reading

-JJ
They would have to obtain a judgement prior to garnishing your wages.

You are really better off making the payments as agreed or at least negotiating with them if you can't paid as agreed.

Once they have a judgement, you are really no longer in control as to how they take the money.

take care, ana
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