CAN THE BANK GARNISH MY WAGES FOR THE DEFICIENCY AFTER THEY REPOSSESSED MY CAR AND SOLD IT FOR LESS THAN THE AMOUNT OWED?

The bank repossessed the car and now the bank is saying that they will garnish my wages to get their money. I bought my car with a warranty and after it caught fire the insurance company refused to pay. I cannot afford to pay for the remaining amounts owed.

Wage Garnishment for South Carolina Residents is not proper for this kind of debt. I hope your employer is not a corporation located outside South Carolina as sometimes the employer will not understand that your wages are not subject to garnishment.

You need to talk to an attorney who can go after the lender. The threat to collect a debt by a wage garnishment is a violation of the South Carolina Fair Debt Collection Act. Taking the offensive and possibly even suing the lender may keep you from having a problem with an attempted wage garnishment. The lender may even be willing to forego any attempt to collect the debt as part of a settlement.

About Nathan Davis, Esquire

Born in Charleston, South Carolina, Nathan Davis has been practicing law for many years. Mr. Davis has a wide variety of experiences having practiced domestic relations, criminal law, social security law having also practiced collection law in the past. This knowledge is helpful when someone needs to restart their financial life. The practice is now primarily bankruptcy and debtor representation work, but, Mr. Davis continues to also practice real estate law, trusts and estates and a general litigation practice. I believe that the most important part of representation is trying to leave you better off when the case is finished than when you started. Although I will do as my client directs, I will always tell you if I think that you are making a mistake. Bankruptcy is about a "fresh start". If you do not make changes in what you are doing, you will be doing what you are doing now in the future. There is no shame in bankruptcy or other steps that you may take to start your life over. Too often, people worry more about things than about themselves, their family or their future.
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