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Bought a honda Accord in NC for wife. She was the cosigner.

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Bought a honda Accord...

Bought a honda Accord in NC for wife. She was the cosigner. We split up and she stopped making the payments and car was repossessed and short sold the car for 8000 less than owed. Now have judgement and sheriff trying to collect. We have two vehicles one in her name and one in both. No other assets other than that. Offered to pay them 50 a month through sheriff and they refused and wanted 500 now and 50 a month for 6months then the balance. Sheriff wants to know how I am going to proceed. I'm in NC.

Lawyer's Assistant: What steps have you taken so far?

Just making offer through sheriff.

Submitted: 1 month ago.Category: Consumer Protection Law
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Answered in 1 day by:
3/21/2018
Consumer Protection Lawyer: Wendy, Moderator replied 1 month ago
Wendy
Wendy, Moderator
Category: Consumer Protection Law
Satisfied Customers: 0
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I'm a moderator for this website. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Customer reply replied 1 month ago
I need help but I can't wait any longer than tomorrow. If not I'd like to cancel.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,327
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
Since the attorney representing Ford credit has a judgement against us and I don't have a any assets other than 2 cars that are paid for. One car is in my separated wife's name and she is disabled and the other car is in both names. My question is they refused my offer to pay them 50 dollars a month what can they do at this point? In NC can they take either car? Both are our only form of transportation. Should I look at filing bankruptcy? If I just leave it alone having no assetts what can they do and how long can they pursue this ?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks so much for your patience. So, they wouldn't be able to possess any of your property at all if they have a judgment against you for the $8,000. The worst that they could do is get what's called a writ of garnishment or a writ of attachment. A writ of garnishment is where they request with the courts to garnish any wages that you may have from your job, usually up to 25% of your income. A writ of attachment means that they are looking for a lien, minus any state exemptions, against your real and personal property. They won't be able to repossess any of them at all.

You could file for bankruptcy and if you are approved, then you would be able to have this judgment voided against you and they would not be able to collect. Sometimes, it's a good option because you can discharge all of your debts if you qualify. You could keep your current cars if you work with your current loan company, but your other debts can be removed.

If you have no other assets, this may make you "judgment proof," meaning that there is little the other party can do to get money from you, but be careful regarding those writs.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
Can they do the wage garnishment in NC I had read that they can't.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 1 month ago

My apologies. This is not the case in NC. They could attach a lien, but wage garnishments were abolished recently.

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