Background: Car loan, Account opened 05/2003 Charge Off as of Sep 2004 Repossession as of Aug 2004 Status: Account charged off/Repossession. $12,xxx written off. ---------------------------------------- I have just received a notice of garnishment on this one in the mail. Simultaneously, on my paycheck I received a garnishment slip for a deduction of 0.00 (previous garnishment already takes the full 25%). The notice gives me 10 days to appeal on various grounds. Here's my questions: Firstly, to the best of my knowledge I was never served with notice of this action, I only get to find out about it after the fact! A car loan is, I'm assuming, a written contract (AZ SOL is 6 years), but given the repossession and write-off, would this now make it an "open" account (on which the AZ SOL is 3 years) since repossession clearly shows that it is no longer a secured loan. No CRA reporting has taken place on this account since 09/2004. The amount given in the judgment is not the amount shown by Experian as written off, they are claiming almost 14,000 instead. Can I challenge that? The names of the plaintiff and the judgment creditors are not the same. Is that even permissible? This one is taken directly from the forms accompanying the judgment paperwork: "My employer has not delivered to me the Notice to Judgment Debtor". I will of course bo contacting the clerk of the court on Monday to get the full information on the judgment as well as the affidavit of service! Your input would be very much appreciated! Side-note for others to learn from: I was co-signer on this loan for a friend who has since disappeared, it took several weeks of me working with the creditor to track her to an address in CA so the repo guy could do his part!
