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  #1  
Old 12-01-2002, 01:17 PM
BJ O'Leary
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repo'd Rv can SS be attached


Nevada
My husband is now disabled and on morphine and cannot drive the RV.We had a buyer who wanted to assume the loan.His credit was good and he was willing to pay an assumption fee as he had no money for a down payment.The bank refused to allow the assumption stating it was not thier policy.We spoke to four people in Customer service and loan servicing and they would not budge.I was told to sell it for what I could get and get a second mortgage on our house to pay the balance on the RV.
We cleaned it and returned it to the bank in excellent condition and with current payments.In the 2 years we had it we never missed or were late on payments.
They sold it for 25,000 and tell us we owe 31,000 deficency, we are responsible even though it was their choice not to get full payment with an assumption.Can they attach our bank and income which is just what is on the app,SS checks and a state disability payment which are deposited directly into our checking account and are the only deposits into the account ?Any info will be appreciated.
  #2  
Old 12-02-2002, 02:56 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
SS benefits and disability payments are exempt from judgments if they sue you and win, which is the ONLY way they can attach anything. However, you may have to prove that ALL the money in your bank account is from an exempt source.
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  #3  
Old 12-04-2002, 05:47 PM
BJ O'Leary
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Thank you for your reply & I am sorry I have not thanked you sooner.I have had a problem with the computer.
I can show my bank statements to whomever as the only deposits that are made are direct deposits from SS & the state disability check.
The info is on our credit app but should we send a copy of our statement to the bank ?If so to whom shall we send it,the collection dept or management ?
Should we place a letter in our credit file explaining the loan could have been paid in full but the bank refused an assumption and George's health does not permit him to drive any longer ?
Again,thank you.BJO
  #4  
Old 12-04-2002, 07:20 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
At this point I wouldn't do anything. Let the collection agencies blow all they want, but if you have no assets they can take, and no income they can garnish, there are out of luck if they go so far as to sue you.

IF they sue you at some point, that is when you will need to claim your exemptions and prove that the funds in your bank account are totally exempt from siezure and/or garnishment. If your home doesn't have a lot of equity in it, your state's exemptions may protect that as well. They *might* be able to place a lien on your home, but that would only sit there until you were ever to sell it.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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