What do I do if I don’t have back up paperwork to fight a garnishment?

I financed a car in 11/02 and had it repossessed in 03/03; I thought it was done. In 2006 I received garnishment papers for $26,000 of which they have garnished $13,000. I have a new court date 10/14 and have obtained all the paperwork in the original motion for garnishment;there is not much in there. I do not have a copy of the original finance papers or a receipt for the repossession. What do I need to do to prepare for my court appointment? What are my options if I lose the case to stop the garnishment?

Asked on September 24, 2010 under Bankruptcy Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have that much money at stake, you should have an attorney representing you; an attorney will know how to get the evidence that you need directly from the creditors or collections agencies which are going after you. You can defend yourself, but it will be more difficult; contact the court to find out how you might use the process and tools of "discovery" (e.g. a document request; interrogatories; etc.) to make the creditor or collections agency provide you with the documention relevant to this case--at least that document in their possession.

If you lose, the garnishment will continue until the full amount of the debt which the creditor has shown (or gotten a judgment for) and which you have been unable to refute is paid. 


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