Question by Adam C: In the State of California, can an auto financer garnish alimony?
My mother bought a used car last year, the payments on which she can’t afford. She relies on Social Security Disability and alimony payments to support herself. She’d like to let the car go (repo) and if she isn’t able to work out a reasonable payment plan with the creditor to pay off the rest of the loan (19k loan, car’s only worth 12k tops…), she simply doesn’t know what to do.
I know that SSD can’t be garnished by private creditors, but can her alimony payments be garnished for the remaining debt after the car is auctioned?
Best answer:
Answer by Twinkle3
No, not without filing a judgment against her in court.
She can do a voluntary repo, and be liable for what they don’t recover after auction.
She can also file for bankruptcy, but this, IMHO, should be a last resort.
Please remember that if she feel threatened in any way she can sue, as creditors are required by law to communicate clearly, without intimidation.
http://www.privacyrights.org/fs/fs27-debtcoll.htm
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