Legal Question in Credit and Debt Law in Florida

In short. I purchased a van and had it for 1 year. Never missed a payment and was always within my grace period. My due date is on the 28th of the month. In my contract I have a 10 day grace period. I have had some financial issues the last few months. Last month I called them and was talking to them about it and they agreed to do a differment. So I went and payed the differment amount. (Interest Only) I also asked them if they would look into getting me a lower payment. Mind you they did that on a previous loan. (I have been with this company for 5 years total). Well on the 20 th of this month I called to check the status of my request. They informed me that at this time they would not be able to redo my loan. Well than I started asking about what my options are. They stated that if I did not pay they would repo my van. They called me every other day to find out what I was going to do. Well I got a visit from them today. It is the 31st of the month. They came to pick up my van. All I asked the guy was if he had any paper for me to state that they were taking the van. He started yelling at me and my neighbor who was talking to me when he pulled up. To avoid any further issues I handed him the keys and he left. But what I need to know is they stated that they can take the money out of my husbands paycheck. We live in Florida, and he is the only person working now since I had lost my job 2 years ago and have been unable to find another one. We were taking care of foster children and that was bringing in 1K a month and that is how we were affording the van. But things happened and we are no longer a foster home. My husband only brings home 26K a year after paying child support and taxes etc. He grossed 50K this year. I only tell you how much money because I have heard that they can only take so much. I really need to know. Thank you


Asked on 12/31/10, 5:00 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

You need to see a consumer lawyer in your area. The repo within the grace period was probably a violation. If the van is not in your husband's name, they cannot garnish his wages. But see my website on garnishment and repos. For a consumer lawyer in your area, go to

http://naca.networkats.com/members_online/members/directorya.asp?token=

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Answered on 1/06/11, 7:07 am


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