moneek33 wrote:
My husband cosigned on a auto loan from his ex and it was a 29.99% interest rate on it. The laon was for 30 months after the 8th month dhe stop paying on it I was unaware until the court date and she put the court summons on the door of my apt. this was in 5/2005. I went to court and they were suppose to be garnishing her checks because she is working. Now i am trying to purchase a home and this car is coming up. I called the attorney and they are not garnishing her wages won't give me any answer as to why she cannot file a 7 or 13 she was denied in 9/2005. What are my options mind you she is still driving the car. Is it legal to not garnish her wages?
OK, part of this story is missing.
Who is the "she" who put the court summons on your door? Only a process server can do that. It might not even be proper service in your state to put it on the door. If it wasn't proper service, you may be able to get the judgment vacated.
Who sued whom? Did Overland sue your DH and his ex? Why didn't they repo the car?
Overland can only garnish wages if they win a judgment in court. If they win a judgment (because they proved that DH and his ex owe the money) they can use any legal means to enforce (i.e., to collect their money). They can garnish wages (your DH's and/or his ex's) or seize bank accounts. They are not required to garnish wages to collect their debt. I still don't understand why they didn't repo the car.
What does the ex not filing BK have to do with anything?
If you can explain a little better what happened, maybe we can help.
