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Ask C.Fortunato Your Own Question
C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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My wife & I were full time RVs until last Aug when my health

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My wife & I were full time RV's until last Aug when my health declined & we had to re-settle down. We owe $150,000.00 on a DSDP class-A MH, the pymt's are $1,500.00. We can no longer afford to support two households & have had no luck selling the RV to date & I am thinking about leting the RV go back to the bank but would like to obtain the services of a lawer in my area (Eugene, OR) to help me thru the process. I am assuming the bank will sell the MH & sue me for the balance. I draw three federal retirements, s/s, navy Ret. & ACOE (Army Corp's of Eng.) of $$4,000.00 a month combined. My wife hos two retirments, S/S & Or per's of $1,400.00 a month combined. We own a MFG home (value, maybe $45,000.00) in a park & pay space rent. Also have car pymt's & am paying pynt's on a $45,000.00personal loan from a relative (to buy the MFG Home) Also have a Goverment 401-K account with a balance of $113,000.00. Thru reading I have been lead to belive that the Federal & OR state per's accounts cannot be garnisheed except for federal or child support debt's ? What are my likley libilities if/when i let the bank repo the Rv ? How do I find a lawyer in my are to repesent me in this matter ? What speciality of lawyer do I need ? Where do I go for lawyer referals ?

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.

Customer:

Hi back

cfortunato :

Given the information you provided, there is little or nothing the bank can do to you if you stop paying the loan for the MH. This is because the pensions you and your wife receive are exempt (protected) from collection for most debts - including a MH debt.

cfortunato :

Additionally, 401K accounts are exempt from collection.

Customer:

I assume it woulb be smart to get a lawyer to assist me in this matter ? What speciality ?

cfortunato :

You should, however, notify your bank(s) in person and in writing that the money in your account(s) is all exempt from collection so that they never allow your account(s) to be garnished.

Customer:

Ok

cfortunato :

It is not necessary to have an attorney for this matter. However, if you feel you should have one, you should call the Oregon Bar Association to ask for a recommendation for a "Consumer Protection" attorney. The number is:

cfortunato : (NNN) NNN-NNNN
cfortunato :

Lastly, your home is MFG home would also be protected, because it is worth less than $50,000.

Customer:

Ok, I'm feeling better already

cfortunato :

Great! And if the bank harasses you more than you feel comfortable with, you can consider filing a Bankruptcy - to keep them away from you.

Customer:

Don't I make to much to do that ?

C.Fortunato and 3 other Legal Specialists are ready to help you