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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.
The state applies federal guidelines to wage garnishment judgments. The maximum amount is 25% of disposable income with the first $154.50 (weekly based) being exempt from garnishment action.
XpertHR offers information on ensuring compliance with wage garnishment laws. A garnishment is a legal mean for collecting money from an individual to pay off a debt.
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.
http://myfloridalegal.com/pages.nsf/0/9707bb48d49ce38985256cc9004e3ee5?OpenDocument you can start here
California statutes are organized into broad titles (i.e. Penal Code, Civil Code, etc.). Finding the applicable law on repossession depends on the type of property involved. For example, laws regarding car repossession are set forth in California's Rees-Levering Automobile Sales and Finance Act, Civil Code section 2981, et seq.
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.
See the links below for the repossession laws and other information for Wisconsin.
Repo Laws can be found at a site called www.dmv.org or you can also check your local laws.
Can a repo man bust a chain and lock to your gate to gain access to your property for reposesion of your vehicle. I live in Texas.
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.