at 25% for a car he had that was repossesed back in 2004. He told me that someone told him that they have no right in garnishing his wages for something he no longer posseses. They took the car, sold it on an auction, now they want $14,000. He only had the car for less than a year. Is this even legal? If so, what can he do? He's in the state of California.
2006-11-05 15:15:30 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Not only is it legal it is the normal and customary way of doing it.
When you have a car repo'ed they sell it. ( at auction, or some discount sale) they deduct the amount of money they sell the car for from the amount that he owed. They add to this, the repo fees, the sale fees and the legal and penalty fees.
So normally after your car is repo'ed you actually owe more money than you did when you had the car.
So then they sue you in court, ( you have a right to be there) they get a judgement, and now they can attach all the money in your bank account, garnish your wages and more.
So yes, his mistake was buying a car he either could not or did not pay for. And not trying to work out a deal with them before they repoed the car.
But yes not only is it legal, but a judge had to sign the order to make it all happen
2006-11-05 15:21:39 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It does not matter how long he had the car. He signed a contract when he purchased the car that outlined his rights and the finance companies. He should have read it. If he had, he would know that they are well within their rights. When they auction off the vehicle, they give him credit for what they received for the vehicle and he owes what is left. And, they can garnish your wages for almost anything that you owe money for. By the way, even if he had only had the car for 24 hours, he would still be bound by the same contract.
2006-11-05 23:24:50 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, it depends on his purchase contract. Some state that he has to pay the balance owed. He needs to consult an attorney, get his original contract, and have the attorney defend him if possible. Legal Aid is available. Have him call California Legal Aid.
2006-11-05 23:25:37 · answer #3 · answered by stick man 6 · 0⤊ 0⤋
Yes this is legal and he is responsible for the difference , he needs to consider himself lucky "they can take up to 65% of his income" and there is nothing he can do other than work for cash under the table, quit his job or go through debt consolidation or file chapter 7 which is almost impossible now!
2006-11-05 23:24:52 · answer #4 · answered by no one here gets out alive 6 · 0⤊ 0⤋
Yes, they can garnish his wages. Wow, too bad he didn't try to make arrangements to try to pay off the balance. He owes $14,000? How much was the car and how much did they sell it for? ... nothing.
2006-11-05 23:20:52 · answer #5 · answered by Wyntersmile 3 · 0⤊ 0⤋
While you re looking into finding an attorney, have gim get a credit report and try to find out if he has any leins on any property (land, cars, etc) he may own.
2006-11-05 23:26:33 · answer #6 · answered by mahree 3 · 0⤊ 0⤋
If he cannot afford a lawyer--don't forget about legal aid--but don't wait!
2006-11-05 23:20:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
call an attorney
2006-11-05 23:18:35 · answer #8 · answered by twysty 5 · 1⤊ 0⤋