Legal Question in Credit and Debt Law in California

When my daughter was 18, i bought a car in her name. Now shes 29 and the car finance company is garnishing her check 600.00 a month. She is a single mother and it is a financial hardship on her. Can she sue me in small claims court to put the car in my name, and get it out of hers. When should i do this and how long will it take before they stop taking it out of her check. please let me know soon. thank you


Asked on 11/02/09, 10:04 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

If she is on the note then she is stuck with the garnishment so you can't sue in small claims and get the car in your name to stop the garnishment. Since there is a garnishment that means she got sued and a judgment against her. Unfortunately you should have dealt with this before it got this far. If she just got the garnishment then she could apply for the exemptions and then she would get a court hearing to possibly reduce the garnishment. However if she waited too long then this too is not possible. At this late stage I would suggest that bankruptcy may be the only way to deal with this problem now that the finance company has a judgment against her.

Hope that helps and good luck .

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Answered on 11/08/09, 2:22 am


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