Legal Question in Credit and Debt Law in Florida

voluntary vehicle forfeiture

My daughter bought a car through Drive Time, she cannot afford to keep it and pay full coverage insurance, she is behind in payments all the time, has tried to negotiate with them, keeps getting bullied, they claim they can garnish her wages for the balance if she gives it back, can she voluntarily return the car, and can they garnish her wages?


Asked on 12/12/07, 5:38 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: voluntary vehicle forfeiture

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She can give the car back but that will not relieve her from the obligation to pay. If she owes them money, they can sue for damages and obtain a judgment. The lender can then try to garnish a portion of her wages unless she qualifies for one of the exemptions provided under Florida law.

Scott R. Jay, Esq.

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Answered on 12/12/07, 11:20 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: voluntary vehicle forfeiture

She cannot voluntarilly return the car. If she does, they will sell it for what they can get and seek the balance from her. They cannot garnish wages unless they sue her and get a judgment and a writ of garnishment; but ulitmately yes they can do that to an extent. If you need more information or a consultation, please contact a lawyer or my office.

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Answered on 12/13/07, 11:42 am


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