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I’ve asked 3 friends today who have had cars reposessed and they ALL said NO, that the creditors will only say that to scare you…

8 Comments »

1. 

   I don’t think it is a matter of can they but will they.

   Can they? Sure but it is not as easy for them either. They have to go to Court and all of that stuff which cost them money (lawyers) and time. What they would rather do, or most likely do, is send your account to collections and see if those guys can collect the money on their behalf. Collectors are usually the ones who will tell you about the wage garnishment in order to get you to pay. Scare tactic really.

   Depending on your car, how much you owe, what your car is worth will determine the lender’s action. In most cases its not worth it for them to go to Court and get your pay check garnish unless they somehow knew that you can afford it but choose not to pay.

   Comment by THE Author — February 22, 2011 @ 9:01 am

2. 

   Talk to a lawyer. I do know bankruptcy protection will protect you from them trying to come after you. They may be trying to scare you into paying. Contact a lawyer.

   Comment by Fox 5.3 — February 22, 2011 @ 9:01 am

3. 

   they have the option to request wage garnishment at a court hearing. it will be p to the judge to decide if the garnishment will occur. typically if you are a single parent and are the sole breadwinner the judge will not allow a garnishment to be done on your pay. but it will really depend on the judge.

   Comment by dezi — February 22, 2011 @ 9:01 am

4. 

   The have to sue you for the difference. If they do that and get a judgement, yes they can garnish.
   But it costs money to do that and for that difference it may not be worth their time.
   They’ll just f up your credit and harrass you to no end.

   Comment by Jay S — February 22, 2011 @ 9:01 am

5. 

   Alabama follows federal law in regard to garnishments, which means 75% of your income is exempt from garnishment.

   Of course to do that, they would have to sue you and win a judgment first.

   Comment by Crazyjester9 — February 22, 2011 @ 9:01 am

6. 

   Yes, but It takes a court order to garnish your wages. If they get it, you’ll also have to pay their legal fees that they incurred also. Read your agreement.

   If your car is repossessed, it will be sold. The difference between what it was sold for and what you owed on it can be collected from you via court ordered garnishment.

   They cannot say that with the intent to scare you. According to the FDCP, if they intend to sue, they have to carry out the suit.

   Comment by Dan B — February 22, 2011 @ 9:01 am

7. 

   sure — they can take you to court — have the court approve the garnishment and you will be making 25% less — kids has nothing to do with it!!!

   Comment by mister ed — February 22, 2011 @ 9:01 am

8. 

   If they take you to court, and get a judgment then yes thay can and will garnish your wages, and your tax returns

   Comment by Pengy — February 22, 2011 @ 9:01 am

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