Legal Question in Credit and Debt Law in Texas

Reposession of vehicle

I am currently in Iraq and my vehicle was repo'd. This was not because of not paying the bill each month. The car was in Arizona with my brother and he was in an accident. He then had the Car towed to a car lot till he was able to get it fixed and get the paperwork together. The car was in this lot for about 2 months. My wife who is in Texas recieved a letter about the reposession and it stated is this was done to broken promises. My wife then called and was told by the financial company that we had to pay the debt in full to find out where the car is. I do not have enough money to do this. What am I to expect? I bought the car in Alabama, live in texas, car was in Arizona and my home of record is Guam. I am still active duty. The car had a POA for my father and he just got to Iraq as a Contractor in Sep. If the the creditors decide to garnish my wages will they garnish Net or Gross amount and what are they able to garnish as far as military entitlements go? Thank You.


Asked on 10/25/07, 3:56 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Reposession of vehicle

You have rights under the SSCRA which were violated. They cannot repossess a car from a soldier without a court order. Email me directly and I will put your message out on a listserve for attorneys who handle military disputes. If it happened in Arizona, you probably need an attorney in Arizona.

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Answered on 10/25/07, 5:30 pm


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