Legal Question in Credit and Debt Law in Nebraska
Question regarding Repossession and Collection
Here's the situation: We bought a van about 1 1/2 years ago. We made payments on time for 6 months, fell into a hardship, tried several times to work out things with the creditor, they refused, gave us an ultamatim to either pay it or have it repossesed. We felt we had no other choice, let it get repo'd. After we talked to several supervisors that told us, that if we gave it up voluntarily, that there would be no other action taken against us. We have been harrassed by a collection company for the last few months regarding the balance owed. They sold the van at auction for less than half of what was owed on it. We filed a Chapter & bankruptcy 2 years ago. We are both self employed, so can the collection company garnish wages? What options do we have to deal with this?? The finance company is out of California, do we go by their laws or the ones in our state??? Any help you can provide is greatly appreciated!!!!
1 Answer from Attorneys
Re: Question regarding Repossession and Collection
You will have to get a lawyer to help you with this, because the finance company has a lot of muscle, and you need help to protect your rights. In a nutshell, someone must check whether the sale was conducted properly, whether the company credited you with everything you were entitled to, whether you received proper notices.
If you cannot afford a lawyer, ask Legal Aid for help. Most bar associations also have panels of lawyers willing to help for reduced fees.
About California law or local law: It depends. For some questions, California law. For other questions: local law.
A creditor can seize money due a self-employed debtor.
Good luck!
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