Can they garnish my wages and take my current vechicle after a voluntary repo?

It depends on why your vehicle is being repossessed. Generally, if you failed to make your payments, then your lender can repossess your vehicle but they cannot garnish your wages. If this is a tax issue, then the State can garnish your wages. North Carolina currently typically only allows for wage garnishment in cases involving back taxes and child support; although there is currently legislation pending to change that. This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this information. Attorney licensed in North Carolina only.

They could not garnish your wages without a judgment. If you owed more on the car than it was worth, then there would be a deficiency and they could come after you through the courts and get a judgment. Only then could they garnish your wages.

A voluntary repo is no different from any other type of repossession. The lender sells the vehicle at a local auto auction, where someone picks it up for cheap for a lot less than you owe. The creditor may then sue you for the difference. When the creditor gets a court judgment, they can use the authority of the court to collect on that judgment by whatever means is allowed under state law. In many states, creditors are allowed to collect on a judgment by wage garnishment, attachment of a bank account, and even filing a lien against any other property you own. Hope this perspective helps!