Legal Question in Consumer Law in California
bank garnish accounts for car repo
I was unable to pay for my vehicle and have stopped making payments.
When the bank reposesses, can they garnish any personal banking accounts?
1 Answer from Attorneys
Re: bank garnish accounts for car repo
First, the bank must repossess the car and follow the proper procedures to set it at a public auction. If there is a balance left after the auction, the bank would have to sue you for the deficiency. If they sue you and win, THEN the bank can go after your bank accounts.
If you have your checking or savings accounts at the bank that lent you the money for the car, you might consider moving your accounts to another bank. Although unlikely, there is a remote possibility of a clause in your banking agreement that might give the bank to the right to remove the money before obtaining a judgment.
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