Asked in Bankruptcy and Consumer Law for North Carolina

Q: I brought a tanning bed from online.i only gave 2000 for it.my payments was 80 a month.i got the bed in 2018.i made the

Covid hit.i lost my job and ended up having surgery too and couldnt work.the last couple of months i been paying 25 a month on it but they have hit me with late fees and i only gave 2000 or so for bed.now i owe 6000 thousand for a tanning bed.if i cant pay on it anymore due to being layed off from job covid 19.can they take me to court?the company is in Tennessee.i told them come get the bed or send me paid box to send it back in.they wouldnt.they told me that they will garnish my wages.can they do that with me drawing unemployment ? Can i file chapter 7 on tanning bed? Whats my rights in nc?

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2 Lawyer Answers
Sheree Cameron
Sheree Cameron
Answered
  • Bankruptcy Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: They can garnish your bank account with a judgment.

Yes, you can file bankruptcy and probably keep the tanning bed too.

Lynn Ellen Coleman agrees with this answer

Lynn Ellen Coleman
Lynn Ellen Coleman
Answered
  • Bankruptcy Lawyer
  • KERNERSVILLE, NC
  • Licensed in North Carolina

A: Ms. cameron is correct. I would just add that they can't garnish your wages with a North Carolina judgment. If you bought the bed in NC its likely if you were sued, they would sue you in NC. If you bought the bed in TN or VA, wage garnishment is allowed if they sue you there and get a judgment there. They are not required to take the bed back, they can sue for the balance remaining on the contract.

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