Legal Question in Credit and Debt Law in California

Owe auto deficiency but minimal income

I am emailing on behalf of my fiance. He had an auto possession last year. Everything is about to hit the fan. He makes less than 1200 a month and this fluctuates down (not up). He has very little money left after paying his bills. He turned the car in because he couldn't afford the payments and was unemployed, he couldn't find work. Can you give me any advice for when we start receiving collection letters for the auto deficiency? I know he can still be sued but is he considered judgement proof? Or is there something else we should consider given his low income?

All his bills are necessary expenditures, rent, utilities, and such. He has no property or savings.

Thank you in advance.


Asked on 10/18/06, 3:53 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Owe auto deficiency but minimal income

His wages can be attached for up to 25% of his net. Since you are getting married, I would very strongly recommend a pre-nup to shield your assets and bank accounts from collection. He theoretically qualifes for a chapter 7 bankruptcy, but he would need to come up with a $3,000 retainer because chapter 7 trustees are running wild right now.

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Answered on 10/18/06, 4:16 pm


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