pricefamily1997
New Member
I live in Rochester, NH and this case will be heard in Rochester District Court. I had an automobile repossessed back in November 2007. I got behind on my payments due to the fact that the vehicle was in the shop 3 times within 2 months for a new power steering column, new drive shaft, and a new rear axel shaft. Although I had an extended warrinty, it was $100.00 a pop each time. On top of those repairs, my vehicle was up for registration renewal and inspection. In order for the vehicle to pass inspection, I would have to pay $300.00 for an exhaust system and I needed 3 new tires at $107.00 a piece. I knew that I could never swing all of this on top of a $345.00 payment each month with my pay ($335.00 bi-weekly). I had the auto ready for pickup when the repo man came to my home. I received a letter that told me that the vehicle had been sold at auction for $3300.00. I was a little surprised by that since it was a 2001 Chrysler Town and Country AWD fully loaded with only 67,000 miles on it. I was surprised that they did not try to resell it for more money. After it was sold, my portion came to just over $13,000. I was waiting to be served papers to go to court to figure a payment. Imagine my surprise when I was served papers to attach real estate. I am not arguing that I owe the money and had every intention on making arrangements to pay through the court system, I was just surprised by the extreme measures that the lender was taking. The deed to the home is in my husbands and my name. He is the only one on the mortgage. He pays the mortgage. My name is only on the deed so that if anything happened to him, I would have a place to raise our 3 children. From what I had been told, if my name wasn't on the deed and anything happened to him, I wouldn't keep the home. The vehicle was solely in my name on my credit. If they attached the property for the repo, wouldn't that affect his credit also? Isn't an attachment actually a lein? I guess my question is, do you think that I could ask for a garnishment instead of the attachment of property? What do you think the odds would be that it would be granted? Do you have any suggestions? Thank you.
