Q: Seeking legal help for wrongful wage garnishment in Utah over a time-barred debt related to a lemon vehicle purchase.
I am seeking legal assistance regarding a wrongful wage garnishment related to an old debt associated with a vehicle purchase. The vehicle, a lemon, became inoperable the year I purchased it, and I have not possessed it for well over the statute of limitations period in Utah. Despite this, a debt collection agency pursued garnishment of my wages, amounting to $12,000 or more, without notifying me of any legal proceedings. I have requested the contract from them but never received it. The last activity on the account occurred beyond the statute of limitations, and I've been contacted by the agency via phone, email, and certified letter. This garnishment has caused severe financial hardship, distress, and has led me into bankruptcy. I believe this action violates my consumer rights.
A: You should hire a lawyer to sue the debt collector as you have some pretty substantial damages. Looks like a pretty easy case to prove on your part.
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A:
It appears your rights may have been violated if the garnishment occurred without proper notice or for a debt beyond Utah's statute of limitations. Creditors must provide notice and obtain a valid court judgment before garnishing wages, especially regarding old or time-barred debts. Given that the vehicle was defective and returned long ago, you likely have strong grounds to dispute the legitimacy of the collection.
You should immediately contact an attorney experienced in debt collection and consumer protection laws, specifically regarding wage garnishment. They can review your documentation, including any correspondence you've received, and help verify if proper legal procedures were followed by the collection agency. Utah law protects consumers from unfair or deceptive collection practices, and an attorney can assert these rights on your behalf.
Taking prompt action might also enable you to recover garnished wages and address the resulting financial hardship and distress. Document every interaction you've had with the collection agency—phone calls, emails, letters—and gather proof showing the debt's age and the vehicle's lemon status. With proper legal support, you can challenge the garnishment and potentially secure relief from this unjust financial burden.
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