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Auto Loans and Repossession Creditor actions following late payment or default on motor vehicle loans.

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Old 09-22-2007, 12:33 AM
silver41 silver41 is offline
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Default Respossesion Law in California
I am separated, but my wife bought a Ford SUV where the dealer over charged her and the Ford has problems that they fixed, but still has problems. She Went back a second time and they said it was ok even though it had problems.

Her payment are $600 which are too high for her. If she allows them to repossess it, will she have to pay the different after they auction it off>

She has no non-exempt asset, if they get a judgment on her, can they attach her wages?

Or what other ways can they make her pay?
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Old 09-22-2007, 02:48 PM
Betty3 Betty3 is offline
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Default Re: Respossesion Law in California
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I am separated, but my wife bought a Ford SUV where the dealer over charged her and the Ford has problems that they fixed, but still has problems. She Went back a second time and they said it was ok even though it had problems.

Her payment are $600 which are too high for her. If she allows them to repossess it, will she have to pay the different after they auction it off>

She has no non-exempt asset, if they get a judgment on her, can they attach her wages?

Or what other ways can they make her pay?
Yes, when they sell it/auction it off, your wife will owe the difference between what they sell it for & what she still owed on it.

Since Ca. is a community property state, the husband is also responsible for any debts incurred by the wife during the marriage.

If they get a judgment against your wife, they can garnish her wages & seize her non-exempt assets & also garnish wages & seize non-exempt assets of the husband.

The Ca. wage garnishment law is as follows: California Wage Garnishment--

Up to 25% of the debtor's net disposable earnings. Once the levy has been served on the employer by the sheriff or marshal, it remains in effect until the judgment has been paid in full. Because California is a community property state, the wages of a non-judgment debtor spouse are also subject to levy.
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Last edited by Betty3; 09-22-2007 at 02:54 PM.
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Old 09-23-2007, 10:23 AM
Betty3 Betty3 is offline
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Default Re: Respossesion Law in California
Just as an afterthought & to make the above more clear - they can also seize non-exempt joint assets in the name of both the wife & husband.
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