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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34997
Experience:  16 yrs. of trial experience
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I receive 100% V.A. & S.S.D. disability income. I have 2

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I receive 100% V.A. & S.S.D. disability income. I have 2 vehicles with very high interest rates do to losing my house and a B.K. about 2 years ago. Now my question is can I surrender both or one vehicle without having to pay the difference after they are sold at auctions? and can a attorney help me get out from under these vehicle, needless I'm stressed. Respectfully ***** *****

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma. But not sure I understand your specific question. That is you ask

can I surrender both or one vehicle without having to pay the difference after they are sold at auctions?

Are you asking if they sue you, if they can garnish your VA and SSD?

Customer: replied 29 days ago.

Thank you

BOTH VA compensation and SSD are exempt, under federal law, from commercial creditors. So if you default on the loan(s), the creditor(s) could sue you to try and obtain a judgment. But since VA compensation and SSD are exempt? They can not garnish that income...so they can sue and win...but can not force you to pay

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 29 days ago.
Okie dokie if the loan com

sorry...what does that mean?

Okie dokie if the loan com

Customer: replied 29 days ago.
Okie dokie if the loan institution sues me and win then what will happen?

They will receive a judgment. And they will try and collect. But, as I mentioned, if you have only SSD and VA for income, that is exempt. So, frankly speaking, it is unlikely they take time to sue at all

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 29 days ago.
If the Leander sues me and wins then what happens more specific what happens to me?

You have a judgment against you...that can not be enforced.

Customer: replied 29 days ago.
Obviously I am nervous but I can't continue making both monthly payments and I appreciate you help very much. Now should I just call the lender and tell them to pick up one or both vehicles (two different lenders) you've been helpful and I have to ask would you suggest I get a attorney

I would not hire a lawyer...not based on what you have described. I would contact the lender, let them know you have no garnishible income and tell them you want to return the keys. It will reflect on your credit report (the fact you defaulted on the loan), but it is unlikely they take the time to sue you.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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