QUESTION

If I get society security, can I be sued by a credit union about my car?

Asked on Aug 22nd, 2013 on Bankruptcy - Oklahoma
More details to this question:
I'm behind on my car payment. Can they make me pay for it or come get the car?
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5 ANSWERS

Debt Collection Attorney serving Chicago, IL
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If you are behind on the loan, the credit union can either sue you for the unpaid loan or repossess, sell the car at auction, and sue you for the deficiency. Whether you have any income or assets from which the judgment can be collected does not bear on whether they can get the judgment. If you have no real estate, no significant personal property, and your only income is social security, any judgment may well be uncollectible.
Answered on Aug 30th, 2013 at 2:32 PM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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The credit union can reposess the car if the car was used as collateral for the loan. Once you deposit your social security into your bank account it loses its identity and the funds in the bank are subject to levy.
Answered on Aug 30th, 2013 at 2:32 PM

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Commercial Collections Attorney serving West Palm Beach, FL at Dion & Forsyth, P.A.
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The lien holder / finance company can repossess the car assuming they have a valid lien on the vehicle. They can also bring a lawsuit to recover any deficiency left over after repossession and sale of the vehicle. While they can obtain a judgment against you they cannot force you to pay. However, they can try and seize your assets as well as place liens on real property. If the only asset / source of income you have is social security benefits they will not be able to garnish that income as it is exempt from garnishment. Nevertheless, I do not recommend ignoring the situation and you may want to try and negotiate a resolution with the finance company. Additionally, since there are a lot of variables with your situation you may want to consult with an attorney to obtain a complete understanding of your options. If you cannot afford an attorney the Florida Bar website has a referral service and links to Pro Bono resources.
Answered on Aug 30th, 2013 at 2:31 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Of course, you owe the debt and they will repossess the car if you do not pay.
Answered on Aug 30th, 2013 at 2:31 PM

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If the car is security for the car loan, yes they can reclaim it. If it sells for less than you owe, they can seek a judgment against you. if your only income is from exempt funds like social security they can not collect the judgment. if you mix exempt and non-exempt funds, you are asking for trouble if you owe money, so stop doing it if you do.
Answered on Aug 30th, 2013 at 2:24 PM

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