What could I do about a motorcycle credit card debt? 7 Answers as of August 21, 2015

I signed for an ex-boyfriend to get a motorcycle in 2012 and we were both under the age of 21 but he was still not required to get insurance on the motorcycle, he crashed in a month after and left me with the broken bike and the payment. When I signed for the bike it was under a credit card not an auto loan. I took him to court and won because he signed a promissory note stating he would pay the full amount. I have tried to garnish his wages but he keeps moving jobs. I recently had twin babies and am a single mother and cannot make payments on the motorcycle. They came to reprocess it but found out it was crashed and didn’t take it. I am worried they will garnish my pay checks and take my income tax. Can they do that?

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A Fresh Start
A Fresh Start | Dorothy G Bunce
They have to sue you and obtain a court judgment first. Lots of creditors that finance purchases through their store accounts use the financing in what appears to be the form of a credit card. In fact, the financing terms are really not different from the terms of any run of the mill car loan. It helps to read the fine print. Furniture and appliance stores, jewelers, electronics stores, and yes, the local motorcycle shop, all finance using a card to indicate the account but without the terms that credit cards typically involve because they retain the right to repossess.
Answer Applies to: Nevada
Replied: 8/21/2015
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You are liable for the debt, so just like you are attempting to collect from your ex the creditor is entitled to collect from you. You can negotiate payments or seek bankruptcy protection.
Answer Applies to: Nevada
Replied: 8/21/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
They can sue you for a judgment. Once they have a judgment they can garnish your salary. You could file a bankruptcy to get rid of that debt.
Answer Applies to: New York
Replied: 8/21/2015
Ronald K. Nims LLC | Ronald K. Nims
They can garnish your paycheck a but they can't take your income tax refund.
Answer Applies to: Ohio
Replied: 8/21/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It depends on the laws in your state. In California they can't get a judgement until they sell the thing at auction. Wait until they sue (if they ever do). Log all harassing phone calls and sue them.
Answer Applies to: California
Replied: 8/21/2015
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    They would have to sue you first, but they certainly could. When they do that, they would get a judgment against you and once they have that judgment in hand, then they could take steps to collect on it. Depending upon how much you owe on that debt and any others you may have, you might want to consider bankruptcy. That would eliminate these debts and the threat of levies or garnishments and get you a fresh start which it sounds like you need at this point.
    Answer Applies to: California
    Replied: 8/20/2015
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    You can file for bankruptcy protection and you will not be liable on the debt for the motorcycle as long as the motorcycle is given back or is gone.
    Answer Applies to: New York
    Replied: 8/20/2015
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