My dad is 81 and purchased a truck from a local dealership for a payment of 360.00. His only income is social security which totals 1200.00 mo. He couldn't make the payments and the truck was reposessed. Now the bank wants him to pay the difference of what the loan balance was vs what it was auctioned for. Can they garnish him?
Your father's social security income is exempt from garnishment for money owed on a car contract. Take note if he has other assets that may not be exempt, such as equity in real property that is over the homestead exemption.
If your father is concerned about other assets, then he should invest in a consultation with a local bankruptcy attorney, for peace of mind. If his only concern is social security income, then he should know that is protected under WA law.
Best of luck,
The only party that can garnish your father’s SS is the Federal Government.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Per section 207 of the Social Security Act (42 U.S.C. 407) does not allow a private party creditors to garnish your Social Security payments. There are exceptions for the federal government such as IRS and student loans.
Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law. You should consult an attorney with questions about your particular situation.
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