Legal Question in Credit and Debt Law in Georgia

It may give you grounds to sue the repo company and creditor. Call a lawyer that specializes in consumer and debtor's rights to evaluate your case.

Bear in mind that you have a far larger problem (well your wife does). When her car gets sold, there likely will be a large deficiency, she will get sued, and then will face garnishment, etc. So she needs legal counsel for herself.

Theft is the intent to take someone else's property with the intent to deprive them of it. Now how is moving your car tantamount to theft? Besides, theft is a crime and this is a civil matter.

If the repo company damaged your car, then you can sue.

The repo was allowed to engage in self-help repossession as long as it could be accomplished without a breach of the peace. It would be a crime for your wife to prevent repossession of the car. Hiding the car or thinking you could block it in was not the wisest thing to do.

I agree with Attorney Ashman that you and your wife have far bigger problems. You wife should have made her car payments. Now that car is repossessed, she can redeem the car but most car loan contracts have what is called an acceleration clause where they can demand not just the back payments but the entire balance still owed. Depending on what the car is worth, how it was titled and your circumstances will dictate what you do next.

If your wife has a great deal of debt, she may want to consider bankruptcy. If she is able to make the past due car payments, she can always see if the lender will accept that, but there also is added collection costs now that your wife is responsible for.

If the car cannot be saved and your wife does not want to file bankruptcy, then your wife has some time. The car will be sold at auto auction where it will be sold. However, the selling price will be nowhere near what the car is worth. Plus there will be auction and sale costs added in. The lender will then come after your wife for any deficiency. The good news (to the extent there is any good news here) is that your wife can hopefully negotiate this deficiency.

There are also things she can do now to make herself as judgment proof as possible if and when she gets sued. While Georgia does allow wage garnishment to creditors who get a judgment, this can be resolved and managed. Your wife needs to use the time between now and any lawsuit to her advantage so she will be in a position to resolve this debt.

If your wife needs to file bankruptcy, she can obtain a local lawyer. If she is interested in resolving this debt in a non-bankruptcy context outside of litigation, then plese have her contact me at [email protected]. I give free email consults and charge $50 for a 30 minute phone consult. I can also assist in resolving debts for a reasonable fee.

You did not mention how they gained access to your garage (is it a carport, locked, etc.). Depending on the circumstances, your rights may have been violated. Companies are not allowed to "breach the peace" while conducting repos. If this is the case, contact an attorney who specializes in the area of consumer/debtor law. As mentioned, you may want to consult a bankruptcy attorney if there are other financial issues related to the repo. Best Wishes.