Legal Question in Credit and Debt Law in California

I singed for a car that was for someone else and the car got repoed,the company auctioned the car and got some of its money back but are coming after me for the difference. they have put a lean on an account that i had but it is no longer open, can they still come after me by garnishing my check or my new account?


Asked on 3/16/10, 1:24 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I must assume, as you indicate they have levied a bank account, they have already obtained a court judgment against you for the deficiency. If that is the case, your only hope is to settle the judgment with them. If you search LawGuru for cosign or guarantor, you will see literally hundreds, if not thousands of posts where people signed for someone else to buy a car, or some other form of credit, and it went bad. Unfortunately, you are almost certainly as equally liable for the debt as the person who had the car, and now that it has gone bad, you are stuck with the bill.

Again, assuming they have a court judgment (which is generally the only way they can levy a bank account), yes, they can garnish your wages, levy your new bank account, and require you to come to court for what is called a "judgment debtor examination," in which they can ask you all sorts of questions about property you own and where you work under oath, then go attach those assets and income. I would suggest reaching out to the attorney representing the creditor, and try to negotiate a deal sooner than later.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/22/10, 9:38 am


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