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I bought a new Dodge Stratus and lost my job and can no longer make the payments because I have lost my job and have IRS debts that are more of a priority.
Thus, I want to do a voluntary repossession.
The loan is much higher than what the car is worth ($22k loan and probably $10k value) This was because I loaded additional funds on to pay off the loan on my old car as part of a divorce settlement.
My question is: what is the downside beside the major hit against my credit for 7 years? Can Ford Motor Credit hit me with a deficiency judgment and sue me or garnish wages when if I get a new job?
My question is: what is the downside beside the major hit against my credit for 7 years? Can Ford Motor Credit hit me with a deficiency judgment YES and likely WILLand sue me or garnish wages when if I get a new job?YES, unless you pursue the B/K route
=purple and black=
The maximum garnishment permitted under California is found under California laws and regulations.
In Kansas, creditors can garnish up to 25% of a debtor's disposable earnings or the amount by which the debtor's disposable earnings exceed 30 times the federal minimum wage, whichever is lower. However, specific laws regarding wage garnishment in cases of repossession may also depend on the terms of the loan agreement and any legal proceedings related to the repossession. It is recommended to consult with a legal professional for specific guidance on repossession and wage garnishment laws in Kansas.
In Texas, a creditor can repossess a car if the loan agreement has been defaulted. However, they cannot breach the peace during the repossession process. Wage garnishment for repossession is not permitted in Texas unless the creditor sues the debtor, obtains a judgment, and then seeks a writ of garnishment.
Generally the laws of the state where the contract was signed take precedence. I disagree. If the car is registered in California and titled in California, and located in California, California law applies. The validity of the debt, late fees, and so on ARE determined by where the contract was signed, but California has specific laws on the procedure for repossession.
The California Business and Professions Code is very clear on this point. The code states the following: With regard to collateral subject to registration under the Vehicle Code, a repossession occurs when the repossessor gains entry to the collateral or when the collateral becomes connected to a tow truck. You can find out more repossession related laws by checking out the website at mparepos.com. They have a FAQ page that answers all related repossession law questions for the State of California.
Repo Laws can be found at a site called www.dmv.org or you can also check your local laws.
NO see CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION 7507
Yes, I think it is. We have so many laws concerning things like that.
The proper procedure for the garnishment of wages is established by the laws of the state in which the debtor resides. Generally, the person/plaintiff wishing to initiate a garnishment must file the writ of judgment as a garnishment order with the clerk of the court in which the judgment was granted.
There are a number of online sites that provide free access to information about IRS wage garnishment. The official IRS website, however, is probably the best resource for this information.
What is the maxiam fee I can charge someone for garnishment withholdings