Legal Question in Credit and Debt Law in Wisconsin

About 8 yrs ago I was in the navy in San Diego. I bought a car getting a loan through my bank. While I was out to sea for 6months I left the car with a friend to watch and unfortunately it was stolen into Mexico, dumped and then towed. I had no idea this was going on due to being over seas. The tow truck company sent my parents a letter in Washington state saying if I did not respond to the letter in 72 hrs they were going to auction off the car/ Still out to sea and still making payments to the vehicle I found out a few months after the fact when I came home from sea about the letter. Now I have debt collectors trying to get the money for the car which is now almost 3,000. more than what I originally got the car for. Can I be arrested if I do not pay the loan? I have no income and currently disabled.

Erin Werth


Asked on 3/30/10, 2:20 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

If you were deployed in a combat zone, you may be able to get some help under the soldiers and sailors relief act. Either way, you definitely need an attorney to sort through all of this for you and it would make sense if he was a bankruptcy attorney. The $3000 which they are chasing you for is known as a "deficiency judgment" which is completely dischargeable in bankruptcy. Even though you may theoretically be able to undo many of the bad things which occurred while you were deployed, the cheapest resolution for you may be bankruptcy, particularly if you also have other debts. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.

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Answered on 4/09/10, 4:45 am


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