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Garnishment Help !!
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Okay so back in 2015 I had an auto loan. Well I got into a car accident and the vehicle was totaled and I didn’t have insurance. I know I don’t need a lecture about how I was irresponsible for not having insurance. I couldn’t afford it at the time. Shortly after (2 weeks later) I moved from California to Colorado. I Never heard from the loan company again. They aren’t on my credit report or anything.

Fast forward to now I’ve moved back to California, from Colorado. Got married, bought a house ect. Well I received an email from my employer that there was a judgement against me and my wages were being garnished by the old auto loan company. I was confused because you have to be sued to obtain a judgement, and garnish wages.

I called the loan company, they said I was indeed sued. I told them I never was served, I never heard from them over the years. Well I guess they did a Substituted Service, giving the paperwork to my cousin (who I don’t even speak to) girlfriends dad while I was in Colorado. Idk how they got that address thinking I lived there. I argued I’ve never lived there, I don’t talk to the people who live in that house and I was never properly served. I lived out of the state at the time they’re claiming I was served.

My wages are being garnished now 5 almost 6 years later and I never even knew I was sued is there anything I can do to stop the garnishments??? They’re claiming I owe them over $11k. Meanwhile the car I had at the time was approx. $7k at the dealership but I put $3k cash down. I know I had an outrageous interest rate at the time. They’re claiming that the amount I financed with them was $9k but how’s that possible if the car was $7k, I had a $3k down payment.

The loan company did tack on some type of insurance on top of my car payment and has actually been sued recently because the insurance should cancel auto loans due to total loss. I asked about this as well and they kept repeating I didn’t have insurance and I acknowledged that but they were charging me for an insurance on top of my car payment. Then the man said I didn’t pay the insurance part just my loan balance. Then switched up and said my claim was denied because they couldn’t get ahold of me or find me. So I asked how they “served”, sued, and obtained a judgement against me if they couldn’t find me and he hung up.

https://www.spglobal.com/marketintelligence/en/news-insights/latest-news-headlines/cfpb-issues-consent-order-to-auto-loan-servicer-lobel-financial-60425027

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3 years ago