Can they garnish my wages and my husband's unemployment? 2 Answers as of September 07, 2015

My husband is losing his job due to company closure. We are surrendering vehicles to the lender. How does the garnish wages process work with both our names on the loan and I am working. Can they garnish my wages and his unemployment? How would the amount be determined for the garnish amount.

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Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
Wages, yes. Unemployment, no. The amount is 15 per cent with a carveout representing the minimum wage. But first they have to get a judgment and prove a commercially reasonable disposition of the vehicles. You are generally better off selling the vehicles rather than surrendering them. The proceeds have to go to the lender. They have to release the lien. If they don't, they may preclude themselves from collecting a deficiency. There are technical notice requirements that have to be complied with. Have a consumer lawyer look at the notices you get.
Answer Applies to: Illinois
Replied: 9/7/2015
Law Offices of Henry Repay
Law Offices of Henry Repay | Henry Repay
Unemployment is specifically exempt from garnishment under the Code of Civil Procedure. For limitations on garnishment, you can probably find wage garnishment forms on several of the circuit clerk websites that would allow you to plug the figures in yourself to determine whether any wages can be garnished and, if so, how much. Any county's forms should yield the same results. I recommend that you consult with an attorney concerning bankruptcy options, the possibility of making a fresh start. I find that people in your circumstances, finding themselves in difficult situations, often do not realize the options available to them, even if they have filed bankruptcy before. Then, they end up filing down the road after exhausting resources, allowing their property to deteriorate, struggling with stress and, often, tapping into exempt assets, such as retirement. The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for March 2015 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years? tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.
Answer Applies to: Illinois
Replied: 9/7/2015
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