Order sheriff’s office attaching income execution

Before my hubby and I met, he got screwed over on a car deal gone bad. He bought a used mazda pick-up truck with fairly high payments. He told the dealer that he couldn’t afford the payments. The dealer told him (not in writing of course) that if he made his payments on time for 2 years that they’d refinance him and lower his payments. He made his payments and after 2 years, the dealer of course said, we don’t refinance. Ford Motor Credit told him that they don’t refinance and he was stuck with the payments. He tried for a while to work with them, hoping to get his payments lowered and they basically said tough. So in the end, about 6.5 years ago he told them to come get the truck. They sold it for pennies on the dollar and then came after him for the difference. He was served with a lawsuit for the balance shortly after we met which was 5.5 years ago. I encouraged him to talk to an attorney but he didn’t and never answered and so they got a summary judgement for the whole $6,000 and change.

The attorneys for Ford used to call but they stopped calling and hubby thought that maybe they had simply given up, hoping that some day he’d win the lottery. I don’t know what their reasoning was. But we never had any money to give them anyway. It’s been a struggle for the past 5 years.

In Friday’s mail there was an order from the sheriff’s office attaching an income execution. I’m more then freaked out! It says he has to send 10% of his gross pay. Then it’s talking about disposable income…..I’m so confused.

I’m assuming it’s too late to fight this and we’ll be stuck paying over $10,000. It’ll take us forever to pay this off! And worse, the order says interest continues to accrue as long as the balance isn’t paid off. I have no idea at what interest rate it accrues, but the order says there’s already been $2900+ in interest.

Any advice would be so appreciated, whether it be how to fight this or get the amount reduced, or how much we’re actually supposed to pay. If it’s 10% of his gross pay we’re probably talking like $190 every two weeks. I don’t know what we will do if we have to fork over that kind of money. We simply don’t have it to give. Once money comes in it goes back out.

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Calm down … take a deep breath.
What state are you in? What state was the transaction in? What state is the judgment in?
OK first get copies of everything from the courthouse … if you aren’t still local then call the courthouse ask how much copies will be of everything including the original suit and any garnishment proceedings. Then send a letter to them .. reminding them what the money is for and include a money order for the costs.
If you are then go to the clerks office and ask or use a public terminal.
Depending on the circumstances you MIGHT be able to attack this judgment. If you can attack the judgment … then you can also look into, and dispute the alleged debt itself. There are some things to look into on collecting the deficiency. Each state has different requirements on that.
I am suspicious of this “order”, for several reasons….
They can’t have a percentage of his gross pay … they can only have a percentage of his “disposable” income. What is defined as “disposable” income depends on state law. There are also Federal Rules for garnishments. The federal limit is 25% of disposable income. States may further restrict this but that is the absolute max they can have. 25% is the aggregate Maximum. Which means that the total you can be garnished is 25% no matter how many people try to garnish.
The misleading representation that they can demand and/or receive a percentage of gross income is in and of itself is a violation of FDCPA even if they fully intend to garnish and their intent is in question.
There is no reason to send this to the consumer
If they truly intend to garnish then they file that through the court and the order is sent to his employer. In most cases the employer and/or the consumer has the opportunity to answer and dispute the garnishment.
If they do not intend to garnish then that is another violation of FDCPA.
The sheriff’s office isn’t going to mail anything to anyone…. They would SERVE it on his employer if it was a real order, in person, not by mail.
If this isn’t a real garnishment order then they have violated again … making this appear to be official process when it isn’t. This is a SERIOUS violation.
As far as the interest … every state has a post judgment interest rate and they better be applying that … not just what they feel like.
I will run some numbers based on what you have told me so far.
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