Can an auto-credit company garnish my wages after a repo?

Asked over 1 year ago - Clinton, SC

They say they can garnish my wages because It's in my contract. Vehicle is scheduled to be repossessed in one week.

Attorney answers (2)

  1. Penny Hays Cauley

    Contributor Level 6

    Answered . There is no wage garnishment in SC, it is prohibited by law. They can repossess the vehicle but often times that results in claims you can bring against the auto-credit company. If your car is repossessed, you should contact an attorney about possible claims you may have as a result. Additionally, prior to any repo, the company must send you a right to cure notice setting forth how much is past due and what amount will bring your account current.

  2. Pascal Anthony Anastasi

    Contributor Level 3

    Answered . After the repo occurs, the company would have to first file suit against you seeking the difference between the amount owed on the vehicle and the amount they recovered in a reasonable valued sale (this number may vary state to state). If they obtain a favorable judgment, wage garnishment is one of a number of legal tools commonly used to recover the judgment amount from a debtor.

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