Legal Question in Credit and Debt Law in Missouri
Iam the co-signer for an auto loan, the car is about to be repossessed.Can the car company garnish my wages for it
2 Answers from Attorneys
Generally, before yoru wages can be garnished, a judgmetn must be entered against you. Before ajudgmetn can be entered against you, a Summons and copy of the PEtition must be served upon you, and an opportunity for you to defend yourself from the law suit, must occur.
Good luck
Ordinarily, a co-signer is equally liable for a loan default. Once the car is repossessed, the lender can resell it, usually at a loss. Then they can seek to recover the balance due from either or both of the co-signers by filing a petition in the Circuit Court. You would be served with a notice to appear. If the lender gets a judgment against you, they could garnish your wages to satisfy the judgment. I defend against these types of actions. Feel free to email me at [email protected] or call me at 913 441 5025.
Sean Santoro
Santoro Law Office
Licensed in MO and KS