Legal Question in Civil Litigation in Colorado

Can a judgement be put on me?

I am finicaing a car and have been, I have paid about1600 on this car a 86 buick centrey. within 2 months of owning it I had alot of problems well the cars engine is gone and transmission. It has been at a shop for 3 months now and I have told the people i am finciaing from to take the car i cvan't drive it anymore. Now they are saying they will get a judgement against me and they will garnish my wages. Don't they need to take this car back. I am almost halfway done paying for a car that isn't worth what i have paid for it. I told them to repo it and they refuse to , itold them i will not be working at my location much longer so they can't garnish these paychecks. What can be done legally and can i make them takje it back . I havn't drove this car since January 3rd and i bough it on October 20th of 2001.


Asked on 4/29/02, 3:07 pm

1 Answer from Attorneys

Jason Savela The Savela Law Firm, PC

Re: Can a judgement be put on me?

You need to review your financing contract. It should explain what your rights are and what the rights of the company are. One way of solving this may be to sell the car to a junk yard and use the money to pay the remainder of the note.

Likely they can put a judgement on you. I assume you bought this car from a used car dealer that sells cars for more than they are worth and does the financing. Although the debt is secured with the car, you are also liable to pay the full amount regardless. The company would do this to protect itself because they know that often the car will not be worth the financing amount and that by the time a person starts to default, the car is probably broken down and nearly worthless.

You are right about the garnishing. They have to find your employer and file the appropriate paperwork etc. If you quit and get a different job, then they have to do it all over again. But, the judgement will be on your credit report and cause you credit problems until it is taken care of. It is best to pay them if you want to protect your credit.

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Answered on 5/06/02, 3:36 pm


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