Legal Question in Credit and Debt Law in Pennsylvania

Garnishment after repo

I took out a car loan in June 2004. Since then my financial situation has changed alot. I called the bank and told them I needed to voluntarily surrender my car. The collection agent said that they will sell it at auction, and of course I am responsible for the difference. But he also said he can garnish my wages and put a lien against my home. Is it legal to do that in PA?


Asked on 8/18/04, 12:38 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Garnishment after repo

In Pennsylvania there garnishment of wages for personal debts are not permitted. If a judgment is obtained against you for the difference, it will only be a lien against real estate owned by you individually. If you are married and your wife did not guaranty the loan, a judgment against you individually would not be lien against property you own jointly with your wife. Under Pennsylvania law property owned by a husband and wife is considered tenant by the entirities property. It is property in which you have an interest, but is considered to be free and clear from any liens against you individually. That is not true for Federal liens. Suggest you call a attorney to discuss. Gerald Hershenson Esq. 215-579-9390

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Answered on 8/18/04, 1:33 pm


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