Legal Question in Consumer Law in Florida

I did a voluntary repo with my vehicle. I live in Florida & financed in Virginia. The credit union, out of Virginia, has filed a court summons against me to appear in a Virginia court. If they receive a judgement against me, will they be able to garnish my wages, even though they have the vehicle back? Or will there have to be a second motion filed to have my wages garnished? (there is no way I will be able to appear at the court date). My main concern is that I cannot afford to pay them & certainly cannot afford to have my wages garnished.


Asked on 4/26/10, 4:25 pm

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

You need to hire a consumer lawyer in Virginia or in Florida. I am not sure they can sue you in Virginia. This will be determined in part by your agreement. Get it out and look at it. You may also have a claim against the finance co re the repossession and sale. See www.ConsumerLawyerHelp.com

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Answered on 5/01/10, 7:49 pm
Scott Behren Behren Law Firm

I agree they probably can't sue you in Virginia. Also, even if they get a judgment in Virginia, they would have to generally domesticate it in Florida to collect upon it. In florida, there are quite a few exemptions to prevent wage garnishments and collections of judgments. So yes, you want to speak with a lawyer about these issues. My office helps with these types of issues.

Scott Behren

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Answered on 5/02/10, 10:29 am


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