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I have an auto loan with Capital One. I am on disability and can no longer afford the vehicle. Can they garnish my SSDI check?

Tulsa, OK |

When I applied for the loan, I had a very good part time job, and they also had my husband co-sign with me.

I will be filing for divorce soon. My husband can afford the vehicle if he finds the roommate. He also might come at me with a civil suit. He has a really good attorney who can't stand me.

What can I do?

Thank You.

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Attorney answers 2

Posted

Yes, SSDI funds are exempt from garnishment in Oklahoma. However, they can reposses the car if you stop paying for it, and obtain a judgment against you for the balance. If you begin working again, the creditor would be able to garnish your wages.

The answer given does not imply that an attorney-client relationship has been established. Your best course of action is to consult with an attorney by phone or personal meeting. Contact your local bar association for a referral.

Posted

In most states, SSI and SSDI are exempt from collections. Therefore, an ordinary creditor cannot garnish SSDI. However, you should check with your state's laws by talking to an attorney in your state.

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