Can a car loan company garnish wages on my repo car?
Yes. It is legal and the other poster is legally incorrect when states that it is not legal. After a car repo. There is a Deficiency Judgment or Deficiency Balance and can result in a wage garnishment. You have the right to get the car repo back by paying the overdue amount, plus any fines and costs. These can be rather steep. If you can't or won't pay, the repossessor must give you 15 days' notice of the auction. You can bid on your own car. If they get less than you owe as the winning bid (which is usually the case), you'll owe the rest. That is the deficiency balance referred to above. It usually is somewhere between $3,000 and $10,000 that you still owe on a car you don't have any more. Most people don't have that kind of money, so they usually sue you in a lawsuit. You owe it, so they usually win. That means they get a judgment against you. This turns into a wage garnishment where they take part of your paycheck.
by Joseph H - 12 hours ago
The only way that they can garnish your wages is if they take you to court and win a judgment first. Then and only then they can attach bank accounts, garnish your wages (if your State allows it) and file liens on any property that you may own.
by SPIFIMAN1 - 12 hours ago
They can get a judgement then if they choose they can get a garnishment but I work in credit reporting and I have never seen this done. They have to set a seperate court date for the garnishment and many times its more work than its worth. The best thing to do is call them and work out payment arrangements. Something you can afford and you know you will be able to pay. As long as you are making payments (no matter how small) they can not get a judgement on you.
by Kristin Pregnant with #4 - 12 hours ago
The purpose of obtaining judgment is that they can legally garnish wages, attach assets, file liens and bank levys. Once they have the judgment, you can either call them and make reasonable arrangements that they agree on or they will refuse your offer and continue "enforcing judgment". Oh and that guy that said you can get your car repo back now...no you cant. The 15 day stuff is BS too at this point. Because you were served a summons and you were supposed to have filed a response and you probably didnt did you? They got whats called a default judgment. And if you did file a response, you lost the case and they got a judgment. Either way, the deal is done. The judgment exists and there are no laws that can get you out of it now. Unless you want to appeal the judgment which you will lose. Sorry buddy. Dont bother getting an attorney now either, you would only be wasting your money at this point. If you have any questions email me Smile4Cobra@yahoo.com Good Luck
by smile4cobra - 12 hours ago
They can garnish your wages but if you contact and tell them your situation and that you want to pay the bill ,they will probably let you make arrangements to make payments. Good Luck.
by BERT - 12 hours ago
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