Question

They repo my car .. Can they garnish my wages?? is this true?

Ok its been a year that we voluntary took the car back (repo) because we couldnt pay it..

They have sent me the letters saying "If Im going to make certain payments" and when I want to start paying.. At least 4 letters in the whole yr Of course I have not respond back

Now I got a call the lady wanted to make me a comftorble payment every month i said " i dont know because we dont have money" of course she started to intimidate me asking WELL U WORK!

Of course she said if you dont pay Nissan will take charge of how u make your payments..

Questions:

1. If they sued me what happens? Do I go to jail cux i cant pay?

2. Can they garnish my wages of every pay check i get? I heard this trough rumors but a lot people say they cant do that because they are not the government.

3. Whats the worse that can happen?
CALIFORNIA

4 years ago - 4 answers

Best Answer

Chosen by Asker

You surrendered your vehicle under a voluntary repossession, The bank now holds the collateral. they must have within 15 days of the repo voluntary or not served you with a NOTICE OF INTENT. in that notice they must have told you there intentions, bottom line is this they have or will dispose of the vehicle, whatever monies they received for the vehicle they must apply towards the loan payoff. whatever the balance is that is the difference between what they got for the vehicle and what you owed is the amount you will owe them, they may add reasonable fee's such as disposal costs ect.. Once that figure is generated they may take civil action which may end up in a judgment towards or against you, it would be a specific amount, they may collect from you in several different ways but only one, they may after the judgment is obtained and entered in the system they have to apply for a writ of execution to collect the amount of the judgment, They may then do one of the following, ask the court for a levi against your bank account for the amount of the judgment, or ask the court to attach your wages, the court would have the levi agent which in some counties is the local sheriff's office to collect the wages over a period of time and make periodic payments to the bank. they can only take a percentage of your wages at a time, in other words they may make things a little tight but they can't take your entire pay check, they can empty a bank account so be care full. I would say the reason they are contacting you to make payment arrangements is that the amount owed is not large enough to warrant a civil case, and they may believe that they would realize more money if they can get you into a payment plan, overall they have time limits on the issue as a whole, so don't believe you have to agree to any payment plan, wait to see how far they want to push the issue, if you gave the vehicle back and they disposed of it you need to ask them for an accounting of the disposal and what the remainder of the loan is due. , Contact credit protection and rights in Pueblo, Colorado they have free information about your credit rights and what the banks can do, you will be surprised as to what they try to do that they are not allowed to do. you have rights use them

4 years ago

Other Answers

1. Dunno what happens in your state, but you wont go to jail.

2. Your paycheck will not be garnished

3. the worse that can happen is a garnish to your credit rating

by Dee-Cee - 4 years ago

If they sue you and they win a judgment against you they can garnish your wages. If they do that you will pay all the money you owe plus any expenses they had trying to collect. You are better off dealing directly with them and making a deal to pay them without them suing you, it will be cheaper.

You will not go to jail.

The worst that can happen is they garnish your pay, get their money and your credit is a mess.

by stevepitt2 - 4 years ago

No you do not go to jail. If they sue you and win, then your wages can be garnished in some states (not sure if you work in one of those states or not).

by StephenWeinstein - 4 years ago