Legal Question in Credit and Debt Law in Florida
voluntary vehicle forfeiture
My daughter bought a car through Drive Time, she cannot afford to keep it and pay full coverage insurance, she is behind in payments all the time, has tried to negotiate with them, keeps getting bullied, they claim they can garnish her wages for the balance if she gives it back, can she voluntarily return the car, and can they garnish her wages?
2 Answers from Attorneys
Re: voluntary vehicle forfeiture
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
She can give the car back but that will not relieve her from the obligation to pay. If she owes them money, they can sue for damages and obtain a judgment. The lender can then try to garnish a portion of her wages unless she qualifies for one of the exemptions provided under Florida law.
Scott R. Jay, Esq.
Re: voluntary vehicle forfeiture
She cannot voluntarilly return the car. If she does, they will sell it for what they can get and seek the balance from her. They cannot garnish wages unless they sue her and get a judgment and a writ of garnishment; but ulitmately yes they can do that to an extent. If you need more information or a consultation, please contact a lawyer or my office.