Q: I was recently given a summons for a $6,000 loan I do not want to lose my vehicle.
I defaulted on a loan for a little over $6,000 I was recently given a summons by the sheriff on behalf of the loan company. I'm currently unemployed due to the virus I'm very worried about losing my vehicle as it is my last life line (Uber) if I am taken to court with a judgement. I do not want to have my vehicle garnished or have my wages garnished as well. Can anybody please offer me any advice
A:
You shouldn't have to worry about wage garnishment as that isn't allowed under NC law. However, there is a chance your vehicle could be seized. Whether that happens is going to depend on the amount of equity you have in this vehicle, and to what extent you can "exempt" this property from the claim of the creditor.
If you actually owe the money and there is no valid way you can fight the lawsuit, your options are limited to trying to work out a deal with the creditor (through the attorney), or accept that they will get a judgment against you and then trying to protect your assets (the car) before they can come and get them. They may be wiling to accept less than the full amount owed, or may agree to accept payments over time. If they do get a judgment, they have to send you additional paperwork related to your ability to claim property exemptions. It is on this paperwork that you can take the steps necessary to claim any and all of the exemptions that might be available.
You are going to want to speak with a bankruptcy attorney in your area about working out a deal with the creditor and about the property exemptions. It may be possible that you can fully protect your car, but I couldn't say for certain without additional facts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
