Primus Auto. Fin. Servs., Inc. v. Wilburn

June 21, 2013 by Justia

Appellees, Sherry and Kevin Wilburn, purchased a vehicle that they financed by executing a retail installment sales contract with Appellant. After Appellees failed to make payments as agreed in the contract, Appellant sold the vehicle at a private sale. Appellant later filed an action against Appellees to recover the balance due on the contract. Appellant obtained a default judgment against Appellees. Appellant then filed a writ of garnishment, naming as garnishee the alleged employer of Sherry. The circuit court issued a garnishment order. Sherry later filed a motion to set aside the garnishment, asking the court to cancel the garnishment as of January 8, 2012, the date the judgment allegedly became stale, and to direct Appellant to return the funds received after that date. The circuit court granted the motion. The Supreme Court reversed and remanded, holding that the circuit court's conclusion that the judgment became stale and expired were clearly erroneous. View "Primus Auto. Fin. Servs., Inc. v. Wilburn" on Justia Law