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Repossession
Banking

Can the bank attach your pay for the deficiency on a repossession?


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Wiki User
2015-07-15 21:40:26
2015-07-15 21:40:26

YES, they can/will likely garnishee his pay AND/OR yours too. Especially if he doesnt pay, they will come after you and any assets you may have. Make him take care of this ASAP. When you co-signed, you said in effect, if he doesnt pay, I WILL. Good Luck

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What happens is this, the vehicle gets repo'd. You still owe the deficiency after the vehicle is remarketed. The bank will take you to court for the deficiency. If you do not pay the deficiency if you are ruled against, they may garnish wages by court order. It takes legal action for wages to be garnished.

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First off you will be required to pay the repossession fees unless you voluntarily turned the car in. Secondly you will be required to pay the deficiency. The deficiency is the difference in the amount the lender sells the car for and the amount you owe. Let's say you owe $10,000 and they sell the car for $8,000. That leaves you owing the lender $2,000. Thirdly this repossession will be placed on your credit report and will stay there for 7 years. Repossession should be the last resort after you have talked to the lender and done all you can to avoid this. Sell the car to another individual even if you have to sell it for less than it is worth, then pay the lender the deficiency out of your pocket to avoid repossession. Have someone take over the payments. Whatever it takes to avoid this.

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Pay it off, or, make some sort of deal with the bank to get caught up,

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If a repo order goes out. The agent picks up the car and then you go and pay it off. Yes, then can still collect his fee from you or the bank because the agent did preformed their job. If the bank pays the bill they will just add it to the final pay off.

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Yes, you will have to pay the deficiency plus repossession fees. Your obligation was the balance on the loan no matter what the car actually sold for. If you do not pay they will sue you and you will loose in court.


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