Daniel S Blinn's Answers

If the bank reposses my car can they garnish my wages, car repossession under CA state law

In most states, you could be responsible to pay the bank the difference between the amount owed and what the car is worth (or what it sells for at an auction). You may be subjected to collection calls, and if the amount is enough, then you might get sued. But, they would have to sue you and get a judgment before they could go after your pay.

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Is it legal for a parent to take out a college loan in their child's name without telling them?

It would not be possible for parents to take out a loan with the child's knowledge and consent - unless documents were forged. And, forgery is not legal.

Divorce: "Debts in my name" =mine, "Debts in her name" =hers. I cosigned her student loan. What are my obligations? And hers?

You will be responsible to Sallie Mae for the debt because you co-signed for it. Whether your ex-spouse is responsible to you to take care of this obligation is a family law matter that may depend upon the law in your state. But, whether she is obligated to pay you or not, Sallie Mae can attempt to collect the debt from you.

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Is a signed car purchase contract final and binding under WA laws can dealership cancel contract

I would need to review your papers in order to know for certain, but I think that you may be a victim of a car dealership scam known as a Yo-Yo transaction where a dealership is unable to get a finance company to purchase the installment sales contract. Check www.naca.net to find an attorney who practices in the area of auto dealer fraud to find someone in your area who can help you.

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California Lending Law violations on a Vehicle Title Loan?

You have good reason to be uncomfortable - something doesn't seem right. I suggest that you check out an attorney in your state with experience in title loan work. You can find a member of the Nat'l Ass'n of Consumer Advocates at www.naca.net

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Florida: If a bank repossesses a motor home, what assets can they go after?

The short answer in most states is that they usually can, but that may depend upon whether they gave you proper notices. I highly suggest that you contact an attorney in your state who can review your papers and give you some specific advice. You can probably find someone who will do this without charge by finding a member of the Nat'l Association of Consumer Advocates - www.naca.net

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Is a signed car purchase contract final and binding under WA laws can dealership cancel contract

I would need to review your papers in order to know for certain, but I think that you may be a victim of a car dealership scam known as a Yo-Yo transaction where a dealership is unable to get a finance company to purchase the installment sales contract. Check www.naca.net to find an attorney who practices in the area of auto dealer fraud to find someone in your area who can help you.

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Car dealer repossessed my car and payment wasn't due yet, debtor's rights in WA to get possessions back

The answer is that it can, under certain and very limited circumstances (at least in most states). Those circumstances would include failure to maintain insurance or, possibly, if it discovered that there was fraud in the loan application. But, if a dealership did this, then there might be something considerably more sinister afoot. It is common for dealerships to retake possession of cars if they are unable to assign your retail installment contract to a 3rd party finance company. If...

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Car loan, beneficiary added to title, if I file bankruptcy can the beneficiary take legal ownership

The lender cannot take the car if you affirm the debt as part of the bankruptcy and keep making your payments. A bankruptcy trustee might be able to take the car, though, if it is worth more than the amount of the loan. That will depend upon what exemptions are available in your state and your personal circumstances. A bankruptcy lawyer in your state should be able to let you know if that is a potential problem (and, it usually is not a problem)

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Debt lending

I think I may have dealt with the agency that is contacting you. It is a violation of the Fair Debt Collection Practices Act for them to tell you that you have committed check fraud. Unfortunately, it is going to be difficult to do anything about that because the company is located outside of the USA. I would file a complaint with the FTC. You might also file a complaint with your state department of banking, consumer protection, or attorney general. One or more of those state agencies may...

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