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Collections Law/garnishment of wages for a repossesion of a vehicle

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Question
QUESTION: I fell on hard times when I got my very first car and it got repossessed.  It's been almost 15 years ago, I just got a letter at my job to have my wages garnished.  Can they do that? What can I do?

ANSWER: The statute of limitations in Ohio is 8 years.  That means that no legal action can be brought after 8 years from the date of the default. Also, in order for wages to be garnished, the lender must have obtained a judgment against you.  You would have been served a summons to appear in court for a hearing.  If you were served and did not show up, the lender would have been granted the judgment  and from that point, would be allowed to garnish your wages. You may want to consult an attorney if you feel your rights under these statutes have been violated. If I can be of further assistance please let me know and I wish you the best with this situation.

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QUESTION: my boss took $153.00 out of my pay this week and told me that each pay she has to calculate how much to take out.  She said that the garnishment was based on my net income and that she will have to calculate each time I got paid, if i get paid less then less will be taken out but if I get paid more then she will have to take out more. I thought a certain amount would be set to take out each pay?

Answer
This entire situation sounds odd.  I have never heard of a "sliding scale"garnishment.  One way to check out the validly of this without spending a bunch of money would be for you to go to the Clerk of Coutt's office in your county and ask for a copy of the judgement.  If you need help decidering the judgement, scan it and email a copy to me at ramcol@yahoo.com.  I will be more than happy to assist you with this.  In the end, you may need an attorney, but we will cross that bridge when we have to.  I hope you have a great evening and weekend as well.

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Ray A Miller

Expertise

I am qualified to answer questions on the following subjects: FDCPA, FCRA and HIPAA as well as medical collections, general collections and collection agency related issues. I trained these subjects at a nationwide collection agency and customer service call center and audited around 150 representatives for compliance to the laws. I have been in the Collections Industry for over 30 years. I feel that everyone deserves to be treated fairly and with compassion and that is the way I trained collectors. Even though I worked for a Collection Agency, I get great satisfaction in helping those who have been mistreated or in need of help with these confusing issues.

Experience

I was the Compliance Administrator with a nationwide collection agency and customer service call center-I have trained hundreds of collectors on the above referenced topics. I have been in the medical collections industry for over twenty years and research these topics on a daily basis.

Organizations
ACA International

Education/Credentials
Some college ACA Certified Collection Specialist

Past/Present Clients
I am retired due to medical conditions and spend a good deal of time keeping current on collection issues.

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