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Wasn't sure where to put this but i need help...

So my dh was making lots of money in a previous job and wanted this really nice car that we could have done without. Anyway we ended up getting on this huge loan for this car and then my husband ended up changing jobs and we could no longer affored this car. So we let it go and because the bank didn't end up getting the full amount they loaned out when they sold it they are now going after us for the money and they pretty much want to take everything we own which isnt alot and start garnishing my dh paychecks. I need to know what kind of lawyer i should hire for this kind of situation?

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Anonymous

Asked by Anonymous at 12:55 PM on Jul. 28, 2013 in Money & Work

Answers (17)
  • How about try to work out a payment schedule with them. If they want to take everything and are threatening to, then probably a bankruptcy lawyer would be the best route. You may still be responsible for the debt though, since that shouldn't have to be covered by anyone but your DH. He entered a contract and he needs to honor that.
    Good luck.
    QuinnMae

    Answer by QuinnMae at 12:58 PM on Jul. 28, 2013

  • My Dad leased his car & passed away before the lease ended. My Mother does not drive. She returned the car & the same thing happened. They tried to go after her for the balance of the lease. My Mother got a regular Lawyer to handle it & she ended up not having to pay anything. BUT! The lease was under my Fathers name. So, I would definitely get a Lawyer. Perhaps you can come to an agreement for at least 1/2 of what is owed. Was it a lease or did you buy the car? GL!

    ILovemyPaulie

    Answer by ILovemyPaulie at 1:01 PM on Jul. 28, 2013

  • i know we will have to pay it im just trying to keep them from taking everything we have and possibly throwing my dh in jail when he is the only one who can work
    Anonymous

    Comment by Anonymous (original poster) at 1:02 PM on Jul. 28, 2013

  • bought the car
    Anonymous

    Comment by Anonymous (original poster) at 1:02 PM on Jul. 28, 2013

  • Consumer protection attorney.
    QuinnMae

    Answer by QuinnMae at 1:04 PM on Jul. 28, 2013

  • Will they work out a payment plan? Maybe you or your husband can get a 2nd job to pay back the amount they are still asking for.
    virginiamama71

    Answer by virginiamama71 at 1:05 PM on Jul. 28, 2013

  • The same thing happened to me. When I called about it, they said it was a written off debt. So, they keep passing it back and forth from collection agency to collection agency. I had problems with the car from day one and tried to make everything right. However, nothing worked. I finally just gave it back. So, it's going on the statue of limitations for debt collection. I won't do anything about it. Not one agency has tried to sue. If they do,I will file bankruptcy, but the limitations is almost up. Just remember that every time you do speak with them or attempt to make a payment, the statute of limitations starts back up. My advice, don't answer them.


    Statute of Limitations by State

    Anonymous

    Answer by Anonymous at 1:05 PM on Jul. 28, 2013

  • Why would your DH go to jail? They can garnish wages but can't throw you out of your home (they can put a lein on it so when you sell they get their money first) Nor can they jail someone. Get a reduced fee & a payment plan. Before wages are garnished they contact you. Don't ignore them, speak to someone & work it out.
    ILovemyPaulie

    Answer by ILovemyPaulie at 1:06 PM on Jul. 28, 2013

  • We don't have poor houses anymore. He won't go to jail because of a car loan debt. I'm not saying you shouldn't work out a payment plan but you need to not let the threats from the creditors scare you. Educate yourself on what your rights are
    Mrs_Prissy

    Answer by Mrs_Prissy at 1:09 PM on Jul. 28, 2013

  • He can't go to jail over this. We do not have debtor's prison here. They can go to court and possibly get a judgment to garnish his wages, and they likely will be able to put a lien on your house, other vehicles, and anything else of value you might sell (which just means that if you sell the item, they get their money and you get what's left over, if any is left over), but he won't go to prison, and they won't be able to make you leave your home.

    Calm down and don't let their threats intimidate you. Tell them you're willing to work out a payment plan with them. If they are unwilling to negotiate with you to do that, then you might want to check with a bankruptcy lawyer to find out what kind of options you have.
    wendythewriter

    Answer by wendythewriter at 2:01 PM on Jul. 28, 2013

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