Can a judge garnish my wages so that I can keep a vehicle?
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Can a judge garnish my wages so that I can keep a vehicle?
I am having an issue with finical situation regarding my car. I’m scheduled to go to court within2 days for the stated issue. The vehicle I have is my only source of transportation for work and school. It is a 37.3 miles trip 1 way work and a 24.8 mi. trip way for school. Due to my financial situation the company is requesting that I surrender the car to them in court. In which that would be a degradation to my work ethic and my schooling. I owe under 6k on the car. Would the judge work with me to keep the vehicle and also satisfy the plaintiff?
Asked on October 26, 2010 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the lender has a right to reposses the car in the financing document(s) or any accompanying security agreements, then there will be nothing the court can do. Loans, such as auto financing, are contracts; they are enforceable according to their terms. If you executed any agreements which give the lender the right to repossess, a court will not prevent them from enforcing that agreement. If there is no agreement and the lender is trying to get the car back on some other ground, such as by rescinding the contract or looking to execute on property for a debt, it's possible the court may be able and willing to do something--but again, if there's a valid agreement giving them the right to repossess, the court literally has no power to change that. The best you can do is try to work something out voluntarily with the lender, but it will be up to the lender to accept that or not.
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