IfI can’t make my car payments, what options doI have?

UPDATED: Sep 19, 2011

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IfI can’t make my car payments, what options doI have?

My husband and I separated and he refused to make payments to a car that is under my name but we purchased together. His mom took the car and said she would help me make the payments. She never made a single one. She has the car parked somewhere and I have been trying to get the address but she is not answering my texts. What can I do? They are trying to repossess my car and are threatening me with getting my wage garnishishment. I have no money to make the payments and at this point. I am considering bankruptcy. How can I buy some time?

Asked on September 19, 2011 under Bankruptcy Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you want to buy some time and are considering a bankruptcy filing, you should consult with a bankrupty attorney about a filing. The filing of a bankruptcy proceeding will allow you time to get things in order in that a filing puts a stay of all proceedings against you by your creditors.

I suggest that you meet face to face with your mother-in-law to get the car situation straightened out so that payments can be made on it if you or your husband can afford to do so. The creditor cannot get a wage garnishment against you until there is a lawsuit filed and a resulting judgment which could take months or even a year plus to happen if you fight the lawsuit,

Consulting with a bankruptcy attorney may be of assistance for you and your situation.

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