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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Can a auto finance company garnish my wages for a car that

Resolved Question:

Can a auto finance company garnish my wages for a car that they repossessed in Ga.
Submitted: 5 years ago.
Category: Legal
Expert:  retireddebra replied 5 years ago.

Debra Thal (username) :

Are you in Canada?

Customer:

No, Fayetteville Ga usa

Debra Thal (username) :

This was placed on the Canada law list by mistake.

Debra Thal (username) :

I will opt out and move it for you and I will also let a US expert know that it's coming over to their list.

Expert:  Dave Kennett replied 5 years ago.
Hi, thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Did the loan company file a suit and obtain a judgment against you after the car was repossessed?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 5 years ago.
No, they just repossessed the last night- 6-23-2011
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - They can't do anything as far as collection activities unless they file a suit and obtain a judgment. This cannot happen until they sell the vehicle at auction and determine a deficiency. That does not usually happen for some time and there's really nothing you can do at this point unless you can redeem the car from repossession. I would say that it would be several months before anything will be filed, assuming there is a loss on the sale at the auction.

You can avoid the judgment by seeking protection in bankruptcy or trying to settle with the bank after the vehicle is sold. You have nothing to worry about until a suit is actually filed and you receive a summons from the court.

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 3 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
After a suit is filed, then can they garnish my paycheck?
Expert:  Dave Kennett replied 5 years ago.
As I said above, they must file a suit and then get a judgment. At that point you can be subject to garnishment of assets including your bank account. If an when you are sued you will have about 4 weeks to respond so they cannot garnish anything just because they file a suit. You have the right to respond to the suit and contest the case or you can seek protection in bankruptcy to stop all collections and garnishments proceedings.

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