Covington, LA asked in Consumer Law, Legal Malpractice and Libel & Slander for Louisiana

Q: I was sued ifor over $24,900 for a $5,100 loan (estimate) A vehicle was repossessed for collateral in 2003. Is it legal?

Lawsuit in 2003, 1999 truck repossessed in 2004, default judgement in 2003..Revived judgement in 2012 & wage garnishment after my wife (married 2012) in 2015 for community regime . Claims to not have sold vehicle for collateral .. Is this legal ? I ordered a car fax & vehicle was sold less than 45 days after repossession..

2 Lawyer Answers

Peter N. Munsing

PREMIUM
Answered

A: You need to consult someone who represents consumers. Go to www.naca.net

Robert Martin Louque Jr

Answered
  • Consumer Law Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: It may have been a $5,100 loan but you may have owed much more by the time the vehicle was repossessed because of interest and late charges. The repossession costs are also added to the bill. Attorney's fees are typically added to that amount but even considering all I am having a hard time seeing where the amount got to nearly $25,000 without seeing the actual judgment itself.

A judgment can be revived every 10 years so there is no statute of limitations (we call it prescription) issue. This debt can haunt you until at least 2022 and then it can be revived for another 10 years. If your wife is still being garnished, the judgment creditor does not have to stop until the amount is paid in full. It is legal to garnish your wife for your judgment, even if you had it for years before you married her, unless you have a prenuptial agreement. That is because her earnings, from the date of the marriage, are community property and technically half yours and property a creditor can seize for payment.

I think you really need to sit down with a consumer protection attorney and see what your options are because it does not sound like this judgment is going away.

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