wage garnishment

What is the name of your state? virginia

I have a court order to go for wage garnishment. What would happen if for some unseen reason that I couldn't make it what would happen?

also I have a van with a lien on it, can they take it to repay the debt I owe?

[JETX]

Your post is a little confusing.

Q1) "I have a court order to go for wage garnishment. What would happen if for some unseen reason that I couldn't make it what would happen?"
A1) What do you mean you 'have' a court order?? Do you have an order to garnish someone elses wages?? If so, then the debtors employer will have to respond to the court. Or, are you an employer who has received a garnishment order against an employee?? If so, then you have to answer to the court. Or, has a garnishment order been given AGAINST you?? If so, then your employer will fill out the required documents and send them to the court.
In any case, I don't see what you mean by you "couldn't make it". Make what, to who??

Q2) "also I have a van with a lien on it, can they take it to repay the debt I owe?"
A2) Depends on your state laws, but the judgment creditor can seize any non-exempt assets.... including the van if it qualifies.

virginia

i mean that the wage garnishment is against me, an employee, ford motor credit has filed a wage garnishment against me and we haven't gone to court yet.

if i didn't show up for the court hearing on the wage garnishment case against me, what would happen?

so they can take the my van even if there is a lien holder on it? even if that is my only means of transportation to take my kids to school and to go to work?

[racer72]

If you do not show up a default judgement will be granted. A garnishment cannot happen unless the creditor has a judgement against you. And yes, they can take the van even if you have another lien on it if your state allows property to be siezed. I would suggest you talk to a local attorney. Some really nasty things can happen to you if you do nothing.

[JETX]

Your post is still confusing....
Lets try to take this step by step.

1) Does Ford Motor Credit have a judgment against you?? (A judgment is required before a garnishment action).
2) Since you are asking about a garnishment (after a judgment), then what do you mean by "we haven't gone to court yet"?? The only court action on a garnishment is if you are challenging it. Have you requested a hearing on the garnishment action??
3) You are saying that the creditor is Ford Motor Credit and also that you have a van with a lien. Is the lienholder Ford Motor Credit?? If so, then depending on the specifics of the loan, they could just repossess the van.


So, to answer your questions:
Q1) "if i didn't show up for the court hearing on the wage garnishment case against me, what would happen?"
A1) Again, assuming that this 'hearing' is about your challenge of the garnishment process, you would lose your challenge if you don't show.

Q2) "so they can take the my van even if there is a lien holder on it? even if that is my only means of transportation to take my kids to school and to go to work?"
A2) Yes. VA Statutes (see below) allows you to exempt up to $2000 for a vehicle.


Here is a link to the VA statute on exemption from garnishments:
[url]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-512.4[/url]

and one to the statute regarding seizure of the van (with prior lien - security interest):
[url]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-480[/url]

and finally, here is a link to the personal property that is EXEMPT from seizure:
[url]http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+34-26[/url]
summarized at: [url]http://www.debtcontrol.com/Virgina.htm[/url]

virginia

1) ford motor credit is taking me to court for wage garnishment, they do have a judgement on me. I did not challenge it, I just got a paper by the police department about a court hearing in Nov. for wage garnishment against me.

2) Ford motor credit does not hold a lien on my van, another dealer has the lien.

virginia

the poor debtor's exemption, the only thing i have is a wedding ring and engagement ring. my mother in law owns the house i live in and everything in the house is hers. i have been divorced for almost two years now and my exhusband got everything i owned and i now live in my present husbands mother in laws home with my three kids. so can they take anything that belongs to my kids, like swing set or ride on toys, or my new husbands stuff in which he has nothing to do with my judgement with ford motor credit?

virginia

the lien holder on my van which is not ford motor credit, is planning on taking the van back. if they do that, what affect will that have on the judgement and wage garishment that i have been talking about above.

[JETX]

All of these problems (no assets) will certainly limit the available enforcement actions that the judgment creditor could take.

However, they will not stop any and all attempts. A judgment in VA is valid for 20 years. This means that the judgment creditor can attempt to enforce his judment for the next TWENTY years. I would assume that it is likely that at some point in that time, you might have enough assets to warrant his 'coming after you'. And another thing to consider, the VA judgment accrues interest at 9% (or contract if higher) until it is paid!!

i would still like to know if the attorneys for ford motor credit, which has a judgement against me since march of this year and now has me going to court to get a wage garnishment against me, can take any of my kids things, example: swingset, bikes, power wheels etc..

i also would like to know if the present lien holder reposses my van with ford motor credit doing all this, what affect will that have on me or the lien holder?

thanks for all your help so far to everyone. i am understanding this all better now. thanks again in advance.

[JETX]

Did you go to the website I provided earlier showing what property you have would be exempt from seizure?? It is all there.