Garnish my wages or send me to jail

[Beckydl]

What is the name of your state? TX
My vehicle was repossed over a year ago & now the lender is threatning to take me to court to make me pay the amount due. I have not paid in close to 2 years on the vehicle, due to a bad divorce. Financially I am unable to make payments or anything like that, can they send me to jail or garnish my wages because of that. I have had to move to the state of AL as of this time, due to the bad divorce.

 

[Leinalani]

What is the name of your state? TX
My vehicle was repossed over a year ago & now the lender is threatning to take me to court to make me pay the amount due. I have not paid in close to 2 years on the vehicle, due to a bad divorce. Financially I am unable to make payments or anything like that, can they send me to jail

probably not directly

or garnish my wages because of that.

yep.

I have had to move to the state of AL as of this time, due to the bad divorce.

You might want to consider paying it off.

 

[Ladynred]

NO, you cannot be sent to jail for not paying a debt ! Debtor's prison was abolished in the late 1800's !!

Can they garnish your wages ?? ONLY if they sue and win a judgment against you AND if you're NOT in TX anymore. AL does allow wage garnishment. If they sue and win in TX, they'd have to move the judgment to AL first.

 

[TigerD]

Can they garnish your wages ?? ONLY if they sue and win a judgment against you AND if you're NOT in TX anymore. AL does allow wage garnishment. If they sue and win in TX, they'd have to move the judgment to AL first.

Actually they have to sue the OP in AL since that is where he lives.

 

[Ladynred]

Well.. actually no. The FDCPA says that suit must be brought either where the agreement was entered into OR where the debtor lives currently. So, if the OP originated the account in TX, they *could* sue there.

§ 811. Legal actions by debt collectors [15 USC 1692i]

(a) Any debt collector who brings any legal action on a debt against any consumer shall --

(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --

(A) in which such consumer signed the contract sued upon; or

(B) in which such consumer resides at the commencement of the action.

(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

 

[TigerD]

Well.. actually no. The FDCPA says that suit must be brought either where the agreement was entered into OR where the debtor lives currently. So, if the OP originated the account in TX, they *could* sue there.

Okay, point ceeded. Don't know why I got wrong-headed about that. It isn't an area of collections that I work in. ...

Ladynred is right. That could really suck for the consumer.

DC

 

[Beckydl]

Thank you, that clears up a lot for me.

TX
I really do appreciate all of your help, this helps me so much.