When you file Chapter 13 bankruptcy in Georgia, your creditor is barred from repossessing your car. If you file Chapter 13 bankruptcy, your car is protected while your case is active. Chapter 13 bankruptcy stops auto repossessions in Georgia. Just last week, I was meeting with a client in Rome, GA who told me that we could not protect his car because he had signed a contract stating that he could not file bankruptcy on his car without the permission of his creditor. The truth is that we don’t need the car company’s permission to protect your car. You cannot waive your bankruptcy rights in a contract. The key is to get a case number before the creditor repossesses your car. Once you have a case number, your car is protected by the automatic stay in bankruptcy.
If your car has already been repossessed, you need to get a Chapter 13 bankruptcy case number within 10 days to have a chance to get it back. Don’t wait! Call a repo lawyer at 770-881-8449. If the car creditor sells your car without giving you any notice, they won’t be able to sue you for any kind of deficiency. In most cases, the car creditor is going to follow the proper notice requirements of Georgia to set you up for a lawsuit for the deficiency. Eventually, the car creditor is going to sue you for the difference between the amount they sell your car for at auction and the amount you owe on your contract. Once they get a judgment against you, they will then try to garnish your wages or your checking account.
When you call my office to make the appointment, make sure you tell whoever answers that your car has just been repossessed and you need to speak with a repo lawyer ASAP.
After you call my office for your free consultation, be prepared to bring me your most recent paystub and a list of all your debts.
If you are unemployed and have no ability to make a Chapter 13 payment, Chapter 13 will not be a good option for you. We can also talk about filing Chapter 7 to wipe out all of your debts.
What if my car has not been repossessed yet because I’m hiding the car? What can happen to me for hiding the car? Answer – The creditor can have you arrested.
DISCLAIMER : The information contained on this page is for information only. It is not intended to be legal advice, nor should you make legal decisions based on this information. Please consult with me to see how the law applies to your particular situation. We are a debt relief agency. We help people obtain relief from their creditors by helping people file bankruptcy.