Legal Question in Credit and Debt Law in North Carolina

I am having to turn in my leased camry 7 mnths early. We cannot afford it. We had to file bankruptcy last oct 2010. I am in NC. I did some research and spoke with the car company and they said they can not garnish wages in our state for the remander of money that is owed. Once they get a judment can they do anything if I cannot pay the money? Thanks alot!


Asked on 5/05/11, 5:39 pm

1 Answer from Attorneys

If you filed bankruptcy, was the car lease included? If so, then you turn in the car and owe nothing. If it was not, talk to your bankruptcy attorney and see if the bankruptcy can be re-opened (if a chapter 7) or your plan amended (if this is a chapter 13) so that you can include this debt in the discharged debts.

If this debt is not included by the bankruptcy, then yes, they can do things if they get a judgment. While there is no wage garnishment in NC for this kind of debt, there are states (like GA or VA or other places) that allow it. If you move to one of those states or if your employer is there then a NC judgment could be transferred and enforced there. They can garnish your bank account. They can try to collect on the judgment by executing on your other assets that are non-exempt (cars, land or other things). Judgments last for 10 years and can be renewed for an other 10 years. So they do not go away.

If the bankruptcy is not an option, start saving funds so that you will be able to settle any debt that arises.

As a complete alternative to either of the above options, have you considered getting someone to take over the lease? You only have 7 months to go. Try www.swapalease.com. Maybe you can find someone to take over the lease and this will be a win-win-win for everyone.

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Answered on 5/05/11, 6:07 pm


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