Legal Question in Civil Litigation in California

repossession of vehicle

What if I decide not to pay for the difference after they sell the repossed car? Would I go to jail or garnish my salary. I am in the military, would there be any more legal implication?


Asked on 2/25/09, 3:22 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: repossession of vehicle

They have to do a number of things exactly correctly in order to ding you for the difference; take all your paperwork to a consumer rights or debtors attorney in your locality. No way no how would you go to jail. Possibly they could garnish your salary, and you will have to explain your situation to the security clearance people if you have, or you are applying for, a clearance. But you are certainly not the only military member with financial difficulties these days. Maybe there is a JAG legal clinic at your installation that could advise you.

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Answered on 2/25/09, 4:06 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: repossession of vehicle

First of all, you will not go to jail. Assuming that the lender took all of the proper steps to sell the car in a reasonable commercial manner, you might be liable for a deficiency balance. They could turn it over to a collection agency or sue you.

The only way they could garnish your wages is if they sue you. I have filed bankruptcy cases before for people in the military to protect their security, so feel free to contact my office for a free consultation if you wish to pursue that option.

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Answered on 2/25/09, 8:54 am


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