Q: IM ASKING A QUESTION BECAUSE THE OTHER DAY DEC. 10 2018 I RECEIVED A COURT NOTICE
I RECEIVED A NOTICE FROM THE PINELLAS COUNTY COURT STATING THAT GTE FINANCIAL IS REQUESTING THAT THEY TAKE 25% OUT OF MY WEEKLY PAY FOR A CAR LOAN THAT IS OWED ON BUT THE VEHICLE WAS TOTALLED IN DEC. 22 2017 AND THE INSURANCE PAID THEM WHAT THE VEHICLE WAS WORTH AT THE TIME WHAT DO I DO ABOUT THIS IF ANYTHING
A: There is a judgment against you for the difference between the amount of the loan that you owed at the time the insurer paid, and the amount the insurer paid. The creditor is attempting to garnish your pay to pay the judgment. The first thing that happens is a writ of garnishment is served on your employer. Your employer has 20 days to respond to the writ of garnishment. The creditor will send you the motion for the writ of garnishment, the writ, and later, your employer's answer. The clerk is required to send you a notice and a form that you may contest the writ of garnishment. You may receive the same notice and form from the creditor. If you haven't received these documents yet, you will. You may or may not have exemptions to garnishment. If you think you do, you must complete the form that the clerk has or will send you and request a hearing. You must prove to the Court that you are exempt from garnishment (a list will be on the form) at the hearing. Don't go to the hearing and talk about the accident, and that the insurance company paid something. That's not the purpose of the hearing.
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