Legal Question in Consumer Law in Virginia

cancer patient, warrant in debt

do I have a defense in an attempt at garnishment,where by I defaulted on a car loan with citifinancial, because I am faced with the option of paying for medications and other non covered medical expenses, or pay the loan. less then 22% of all cancer related treatments are not covered by medicare or most other insurance providers, unless you are in the hospital dying. I tried to give back the car which they avoided for 6 months, I tried to make other arrangements like a refinancing to try to avoid robbing peter to pay paul, I asked if I could sell the car for a higher value then 40% as that is what they were going to do, as I had a neighbor willing to buy it for 90% its value, but they refused. If they are able to take even five dollars it will drastically impair me financially, I already pay more then 21/2 times the monthy income in rent alone. I do not know what to do.


Asked on 8/13/08, 11:00 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: cancer patient, warrant in debt

You may wish to consider filing a homestead deed to exempt $5K worth of your assets from creditor action as outlined in Title 34 of the Code of Virginia. (There is a model of a form with instructions that can be used for the claim form included in the relevant statute.)

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Answered on 8/13/08, 2:14 pm


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