Legal Question in Business Law in Michigan

I purchased a motor home some years ago, At present I owe more than it is worth. I have talked with the company holding the paper on it about relief. They told me to advertise it, which I have done for over a year, but have had only one offer. Someone offered $25,000.00. Company said they needed at least $50,000.00. That is where it is at right now. I have retired, have two properties which I cannot sell and am cash poor. I am living on social security and a part time job that my wife has. I do have some investments that I have to sell a bit each year to pay the taxes. My question is, what if I let this go back to the paper holder. What is the order of events.


Asked on 3/31/10, 1:55 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

If you stopped paying, the note holder would repossess the motor home in the same fashion that it did a regular car/vehicle. After a few months of your non-payment, they would take it back, sell it at an auction, and then attempt to collect the difference from you. However, if you have limited income, assets, and money, they won't have anything to garnish. Do not let them pressure you into giving them money -you're throwing money at them that you don't have, and it's not enough to resolve the situation entirely, so it's only delaying the inevitable. You may wish to consider filing bankruptcy if you have other dischargeable debts and limited income, and no way of paying them back. While these creditors likely won't be able to garnish anything from you, they can still make your life very stressful, whereas as bankruptcy makes them go away forever.

Remember that while SS and some pension checks can't be garnished, once they are deposited into a bank account, most of the funds are free game. So keep that in mind when you have a bank account, and whether it is in your name only, or joint. If you are garnished by a creditor, and the funds they took are from SS, you have to object to the garnishment, having a hearing, and then the court will likely order the funds returned to you. Obviously it's best to avoid this entire situation in the first place.

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Answered on 4/06/10, 12:08 pm


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