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Griffin Law Firm
Griffin Law Firm, Attorney
Category: Legal
Satisfied Customers: 51
Experience:  I am an attorney licensed in both CA and WA
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This is concern the repossession of a vehicle, what rights

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This is concern the repossession of a vehicle, what rights do we have if we return vehicle, when we no longer can afford to pay for it. Chrysler financial claims that they can garnish our wages for the differents after the vehicle is sold.
Submitted: 8 years ago.
Category: Legal
Expert:  Griffin Law Firm replied 8 years ago.
They can not garnish your wages merely because you owe them money, but they can garnish if they have a court judgment. Once you turn the car over or they repossess the vehicle, you will typically have a period of time where you can get the car back by catching up the past due and paying the repo/impound fees. This time period will vary depending on what state you are in. Once the vehicle is sold, you will still owe the difference between the amount of your debt and what they sold the vehicle for. They will try to collect this from you through letters, phone calls, etc. If they are unsuccessful and the amount you owe is large enough that they feel it justifies the cost of a lawsuit, they will sue you in court for a judgment. The judgment will include the amount owing, but also attorney fees. Many people in your position do not respond to the lawsuit and the finance company then gets a default judgment where the court grants them whatever they have asked for. It is at this point, once they have a judgment, that they can garnish your wages, levy your bank accounts, etc. You can stop this process with a bankruptcy and a free consultation with a BK attorney might be a good idea to see what your options are--maybe even lowering your car payment in a Chapter 13.
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Customer: replied 8 years ago.
Can they also put a lien on our home
Expert:  Griffin Law Firm replied 8 years ago.
Once they have a judgment, yes, they can put a lien on real property. The lien then would need to be satisfied at any time you tried to sell or refinance.