Legal Question in Credit and Debt Law in Florida

Re: repossesion and wage garnishment

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Yes. If the car is repossessed and then sold, they can sue you for the deficiency from the amount received at the auction versus the amounts owed. Once they obtain a judgment they can try to garnish your wages although you may be protected if you are the head of your household under Florida law.

Scott R. Jay, Esq.

Re: repossesion and wage garnishment

Yes, they can eventually, but first they have to get a judgment against you. There is what is called a "Pre-Judgment Writ of Garnishment", but it is rarely used. Most attorneys don't know about it and most judges are very hesitant to grant it. I suggest trying to work out a repayment schedule with them for any balance owed over a reasonable period of time (6 months to 1 1/2 years).

Re: repossesion and wage garnishment

If a money judgment is obtained against you and your wages are not exempt the your wages may be garnished to the extent of 25% of the net dollars earned above the minimum wage. A money judgment may be included in the judgment which allows the repo..but not necessarily.