Ask Me Help Desk - Voluntary Repo in Texas, can this impact my bank account?

I purchased a 2006 Chevy Trailblazer about 9 months ago. Since that time that vehicle has been in the shop 7 times to correct an issue for which a known TSB exists. Long story short, they have been unable to fix the problem. Eventually, the vehicle became unreliable and was getting me in hot water at work for being late several times. The vehicle was always towed several times at the expense of GM and I have all the maintenance attempt records. As such, I hired a lemon law attorney. GM was unwilling to purchase the vehicle back unless I fork over $6100 out of pocket. I was advised that if I didn't intend on paying the money (and I didn't) to purchase something else (which I did) that is reliable before my credit tanks from my decision to no longer pay on it. My attorney was able to get me a few thousand for the inconvience and such but I am stuck with the lemon SUV vehicle.

As such, I will be doing a voluntary repo soon, and I am fairly certain that once GMAC auctions off the vehicle they will come looking for me to pay the difference between what it sold for and the amount of the loan. As I won't pay it, I bet I will get sued. Since I am in Texas I know that my wages cannot be garnished and a lien cannot be placed on my home. My concern is around my bank account being seized/frozen. Is this a real possiiblity? Are there any steps I can take to protect myself? I need to have some way to cash my paychecks and mail payments to others.

Thanks!

Quote:

Originally Posted by mark1210

I purchased a 2006 Chevy Trailblazer about 9 months ago. Since that time that vehicle has been in the shop 7 times to correct an issue for which a known TSB exists. Long story short, they have been unable to fix the problem. Eventually, the vehicle became unreliable and was getting me in hot water at work for being late several times. The vehicle was always towed several times at the expense of GM and I have all the maintenance attempt records. As such, I hired a lemon law attorney. GM was unwilling to purchase the vehicle back unless I fork over $6100 out of pocket. I was advised that if I didn't intend on paying the money (and I didn't) to purchase something else (which I did) that is reliable before my credit tanks from my decision to no longer pay on it. My attorney was able to get me a few thousand for the inconvience and such but I am stuck with the lemon SUV vehicle.

As such, I will be doing a voluntary repo soon, and I am fairly certain that once GMAC auctions off the vehicle they will come looking for me to pay the difference between what it sold for and the amount of the loan. As I won't pay it, I bet I will get sued. Since I am in Texas I know that my wages cannot be garnished and a lien cannot be placed on my home. My concern is around my bank account being seized/frozen. Is this a real possiiblity? Are there any steps I can take to protect myself? I need to have some way to cash my paychecks and mail payments to others.

Thanks!

I am in about the same situation. I am being sued for a Repo but I had someone willing to pay off the debt and pay for the SUV and they refused and picked up the vehicle. We tried to settle but have nothing in writing only verbal. I have no real property just my home but is homesteaded in the state of Texas which they cannot touch. But I do know once money hits the bank account they can seize that. I don't know how to fight this before it becomes a judgement nor can I afford to pay for an attorney. I have 3 kids and a small house and 1 other car in our names which we had to buy from a tote the note place. I owe the IRS and my wages are already being garnished for School loans from 10 years ago for a school that is no longer around nor did they give me my degree that I completed.

What do you do when you don't qualify for free assistance by the governments standards but don't have the means to do anything else.

Dazed and Confused!

I can relate to a degree... I was able to finally able to go about getting them to repurchase the vehicle in full minus taxes. As such, the repo didn't occur and my credit is intact. After talking to some of the folks at GM on a friendly level apparently getting access to bank accounts is not difficult and can even happen without your knowledge. Also, in Texas they cannot garnish your paycheck but if memory serves me correctly... they mentioned that if your payroll is located in another state that they have the ability to garnish that also. How accurate all that is I don't know. Personally, if I were you I'd seek out a no-cost/low-cost legal assistance service to find out what your options are. I'd also stop your direct deposit into your bank and learn to use money orders/Ace Cash Express etc until the entire thing blows over if you want to minimize your risks. Just my $0.02.

Sure, you may be sued but that gets them a judgement... collecting on that judgement is another story.

Quote:

Originally Posted by jcjhsb

I am in about the same situation. I am being sued for a Repo but I had someone willing to pay off the debt and pay for the SUV and they refused and picked up the vehicle. We tried to settle but have nothing in writing only verbal. I have no real property just my home but is homesteaded in the state of Texas which they cannot touch. But I do know once money hits the bank account they can sieze that. I don't know how to fight this before it becomes a judgement nor can I afford to pay for an attorney. I have 3 kids and a small house and 1 other car in our names which we had to buy from a tote the note place. I owe the IRS and my wages are already being garnished for School loans from 10 years ago for a school that is no longer around nor did they give me my degree that I completed.

What do you do when you don't qualify for free assistance by the governments standards but don't have the means to do anything else.

Dazed and Confused!