What can I do to stop garnishment of wages/bank account due to a defaulted loan car on which I was a co-signer?

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What can I do to stop garnishment of wages/bank account due to a defaulted loan car on which I was a co-signer?

I co-signed a car loan for a friend a few years back. Without my knowledge, they had defaulted on the loan and the car was eventually repossessed. I only found out about this recently as my bank account was put on lien and my money was taken. I never got any notices via mail or phone about any judgement, court date, default notice or warning regarding this loan since I cosigned it. The car was never in my possession and is now back in the dealers hands as it was repossessed. What can I do to recoup my money and solve this problem so they do not come after me anymore?

Asked on April 15, 2011 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so you need to get down to what happened here.  Often the co-signor has all the liability and none of the benefit.  It is a very difficult position to be in.  But the law would not allow you to be sued and a judgement rendered without notification.  That is going a little too far.  So I would go down to the court that issues the judgement that is being levied and ask to see the court file.  Once you determine what happened make a motion to vacate the judgement for lack of service *if they did not properly serve you the court has no jurisdiction over you to render a judgement) and ask for  a stay of the execution of the judgement.  You may need some legal help here too.  Good luck.


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