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Newlyweds With Baby on the Way, Getting Sued for Old Car Repossession. – Mariela

Mariela

“Dear Steve,

My husband had his car repossed before we got married because he lost his job about two yrs. ago. The bank now is sueing him for the amount of the car. We are newly weds and parents-to-be therefore he has no money and he owns nothing. The letter is obviously threatening that they can take his wages, property etc. Which by the way he has no property.

What can happen to my husband when he gets summoned to go to court for being sued by the bank who financed him?

Mariela”

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Dear Mariela,

This is a debt that he still owes. I bet that it is a big debt. Most bills after repossession usually are.

If he is uncertain about the situation and has legal questions about the situation he should contact a local attorney for legal advice.

Typically what will happen in this situation is that he will be called to court. The lender will pull out the legal contract he signed that states what his responsibilities are for repaying the amount due after repossession.

If all is in order then the court will probably rule in favor of the lender. The lender would win the lawsuit and then go back to court and get a judgment and permission to garnish his wages for payment.

At any time he could neutralize this debt by going bankrupt. Since this is his debt alone, he could go bankrupt alone to deal with this. Since you will probably need all of your income to care for your child to be, the bankruptcy route might be the most responsible way to deal with the past debt and leave enough coming in to care for you and the baby.

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Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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