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http://www.lawhelp.org/documents/127641Creditors%20and%20Debtors.pdf?stateabbrev=/FL/

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โˆ™ 2005-04-03 04:57:53
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Q: In Florida what percentage can the creditor take from your paycheck as a cosigner after the car was repossessed and the remaining debt is around 5000 dollars?
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Related Questions

What happens to your cosigner if the borrower defaults on private loans?

The creditor wil try to get the debt from the cosigner as well.


The obligation of a cosigner is discharged by?

The obligation of a cosigner is discharged by a borrower securing a loan to the satisfaction of the creditor. Paying off a loan will also discharge the obligation of a cosigner.


Is a creditor allowed to continue calling debtor after a vehicle has been repossessed but not sold?

Yes. Even after the vehicle is sold, you'll still owe them the remaining balance of what you borrowed, and they'll continue to call.


In the state of Texas can a creditor put a lien against your home for a repossessed vehicle?

The answer is yes, if the creditor brings you to court on the matter.


Can a car be repossessed if a Washington state bank lends to a Oregon creditor?

Sure.


Does having a cosigner lower the interest rate?

The cosigner can be held responsible for the loan if the original signer does not repay. Thus, the creditor has another means of access to the money, similar to collateral, and thus the presence of a cosigner lowers the interest rate.


Can your truck be repossessed if you are using it for income?

Yes, your truck can be repossessed even if you are using it to earn an income, however, you can tell your creditor that you are earning money with your truck, and that if the creditor does not repossess the truck you will use that income to make payments on your loan. Of course, if you are not making payments, and spending all of your income on other things, then the creditor has no motive to let you keep the truck.


Can a creditor take property to pay for a judgment that stemmed from a repossessed car?

Yes, in the event the court orders it.


What has to happen before a creditor can have your care repossessed?

A car cannot be repossessed until the owner has missed several car payments and the owner has been notified of late payments. In most states a car can be repossessed after three months of non-payment.


Does a cosigner have to have good credit?

Absolutely. The whole point to having a co-signer is the creditor wants assurance that the debt will be repaid.


Can borrower and cosigner checks get garnished at the same time?

No, the law allows for only one garnishment action by a creditor to be in force.


If one files bankruptcy and has a co-signer will if affect their credit rating?

If the account the cosigner is on is included in the bankruptcy it will appear on their credit report. In most cases the cosigner will not be relieved of the debt when the primary holder files for bankruptcy. The creditor(s) can then pursue the cosigner for the collection of money owed.


Can a car be repossessed by a creditor that is not the loan holder?

Question is not clear -however- - a creditor on some other debt cannot legally seuze your car in paymnet of HIS loan. The reason being - you do not actually own the car. It is owned by the creditor who holds the car loan. If this is what happened to you - notify the police and your car creditor immediately!


Can a creditor list your car as repossessed on your credit even if they have not repossessed it yet?

Looks like 2 choices here..they made a mistake and listed the wrong account OR they have more faith that they CAN and will repo it than you do...LOL


If creditor has threatened to repossess if a certain amount is not paid and you have paid partial can the vehicle still be repossessed?

As long as the contract is in DEFAULT, the collateral CAN be repossessed. One dollar or one day. Its a GAMBLE you take when you are in default.


If the cosigner on a car loan files bankruptcy what will happen to the other persons credit?

The creditor will seek repayment of the car loan from the cosigner. As long as the cosigner pays, their credit will not be affected. However, if they are unable or unwilling to pay, the debt will be pursued like any other bad debt, and it will affect their credit rating.


Can your IRA get levied upon if your car is repossessed?

Not at that stage of the process. Once the car is repossessed, it will be sold at auction for whatever amount it goes for. Usually very little. Then the creditor will apply that amount less fees (usually exhorbitant) to the amount owed and sue you for the balance. If the creditor gets a judgment for the difference, then it can levy upon your IRA.


If the creditors repossessed a motorcycle and then DID NOT sell it at an auction do you still owe?

No you don't still owe; once the motorcycle has been repossessed, it is no longer your concern. Whether the creditor sells it or fails to sell it is the creditor's problem, not yours.


Will you get sued for the money you still owe after your car is repossessed?

If you don't pay the balance of the loan after repossession, the lender can take you to court for the remaining balance or they can charge it off. Neither is a good thing, so it is best to pay the remaining balance as soon as possible. ___________________________________________________ Most vehicles that have been repossessed are sold at auction. When this occurs, you are responsible for any balance that remains less the monies collected from the sale. If a balance remains and you fail to pay it then the creditor or lending agency can sue for the balance due plus legal fees.


My car was repossessed over a yr ago Can legal action still be taken against you?

So here is an example of what can happen when a creditor repossess an item. "If an item such as a car or furniture is repossessed, the creditor can then sell it. The money from selling the item is applied toward the money you owe. The creditor can still try to get any money you owe after the sale of the item. The terms of your contract might even add charges for the costs of repossession and sale."


If you have a judgment lien can your car be repossessed?

If it's the owner of your car loan and you defaulted then the car can be repossessed. If you have a judgment against you for any other debt then yes, if you own a car it may be seized by your creditor to cover the cost of your debt.


Can a bails bondsman garnish your co signers check?

SHORT ANSWER: YESIf you are not current and paid up then the creditor, in this case a bail bondsman, can pursue the cosigner. Garnishing pay, seizing property and so on.That is why they require a cosigner, so that they can make someone pay.


Can a collection agency sue a co-signer on a credit card even if the main signer is alive?

Yes, the primary borrower and the cosigner are both equally and legally responsible for repaying the debt in question. A creditor/collector will take legal action against the party which they believe they are most likely to be successful in collecting monies owed. For example, if the cosigner is currently employed and the primary borrower is not, the creditor might "go after" the cosigner in the hopes of obtaining a judgment that can be executed as a wage garnishment.


Is a cosigner responsible to pay a credit card debt if the credit card limits are increased from what was originally cosigned?

The creditor would likely claim the cosigner is still responsible, but unless it is in the original agreement that such increases are part of the contract the cosigner could make a case for being relieved of the responsibility or only being responsible for the origninally quoted amount.


When a loan is in default does the lender have to notify the cosigner?

When a loan is in arrears (past due), the creditor has the legal right to contact the cosigner unless the loan is included in bankruptcy. The Fair Debt Collection Practices Act states this fact. The sole purpose of a cosigner/guarantor is to guarantee the loan, hence it is likely if no payment arrangements have been made by one, they will collect from the other.