protection from gmac & garnishment

[runforcover]

Spent thousands in repairs for an 06 chevy hhr. Still must spend at least 2k more. No guarantees that issues will be solved. I am forced to return it to chevy. This is the reason for ch7. I have two other creditors. So, I will default on them too. I mis-calculated my finances in the efforts to fix my car. Now I am struggling to pay for my expenses. Defaulting will remedy this.
It is because of the threat of gmac legal action that has caused me to prepare for ch7. I did not mean for this to happen. But with the cost of living going up and income going down and that car. Well, it can't be helped.
I read here that if you are self employed, that garnishment still can happen by attaching it to you bank account.

1. If that is so...then what can stop me from closing my account and just not open another one?

I know this next question is not applicable in this wonderful forum. But I am gonna ask anyway.

2. If after 3 years of car repairs in a new car results in you owing more on the car than when you bought it. If that sends you into bankruptcy. Does that constitute a lawsuit against gmac?

[freshstartfl]

a garnishment and a bank account levy are 2 different things. Depends on the laws in your state, too, b/c in some states you can only do 1, in other states you can do both but can only attach a bank account in conjunction with some other sort of action (like garnishment), and in some states you can do both, and in some states you can't do either.

None of us meant for this to happen to us. It's just the boat we've landed in.

[hamburgervol]

They would play hell getting money from my account, especially after I closed it. Your HHR must be a lemon.I would check into the lemon laws. Have you spoken to an attorney about it? What about the warranty?

I remember a lady that bought a Kia back when Kia first came to the U.S.. It was a lemon and she let everyone know about it. She glued little cellophane lemons all over the car and wrote with white shoe polish "this lemon Kia is sponsored by xyz dealership" A few weeks went by and she got a new car.

[music12]

part of the bk forms asks you if you have any claims against anybody. that's where you'd write that you have a claim against gmac. the trustee is then supposed to pursue the case to get damages for you (your estate really) and use them to pay off the creditors. if the amounts are very small, though, he might not bother.

are you sure bk is your only option? maybe instead of seeing a bk attorney, see an attorney who can countersue (or at least counterthreaten) gmac. also, they are just threatening legal action but haven't taken it yet. so why not prepare your bk papers, close your accounts and live on cash only for a while (use credit cards only for every day expenses), and file bk only if they actually sue you. that way, you will have the peace of mind knowing that you can file bk if you need to, but you won't file unnecessarily.

[runforcover]

To late for lemon law

Thanx one and all for taking time to comment. Most of my hhr problems can be found by googling hhr complaints, problems, etc. Brief expo...118k miles, has burned 3 sets of 70k tires. Just put on 4th set. My documents prove they were always rotated, balanced, and aligned. Front end noises at 10k. Dealer could not find problem. Transmission sometimes slammed gears like a sledgehammer. Dealer could not find problem. At 30k engine would stall. Dealer did not find problem. 40k shifter broke. Found out gm had notices out to the dealers telling them to expect problem. gm did not warn us. Many shifters broke. 50k stalling went to stalling out. Another dealer found problem. A sticking throttle body. Mech said it was very unusual to find the extreme amount of dirt on it. Also, put on 2nd set of 70k tires. Front end noises worse. Still no fix. Engine light keeps coming on. Had several "fixes"...no fix. 100k third set of 70k tires toast. Had rack and pinion replaced, struts and shocks replaced, tie rods, front and back replaced, wheel hub assemblies replaced and everything else in the front end inspected. Charged $2,400 in a vain attempt to fix problem. Front end noise remained. Which now has progressed into a serious clunk sound. Dealer finally shows me a 12 page bulletin from gm. In it there are 7 defects in the hhr front end. Defects that generic mechs would not know anything about. Dealer gave me an estimate of 1k. With no guarantees. NO MORE!!!!!!!!!!
Now the hhr, at 1k miles later, sits with all that new stuff and a full tank of gas. It is still not fixed. New tires already are worn on the edges. I have documentation for all of my complaints and efforts to fix it.
I am a courier. I have to have a reliable car. So, I bought an 09 Honda Fit. The base model. Wow, like a taste of water after 40 days in the desert.
I have not yet informed gm that I refuse to pay them another penny. But in a few days I am. I really tried to live up to my promise to pay gm. But I am facing ch7 now. Maybe I could pull up out of this nose dive with my cc's. If only I could get rid of that damn car. I do not think I can sue as gm is now in ch11.
I will throw myself at the mercy of the court in regards to my Honda. But I must have a reliable car for my job. Jobs are harder to find now.

[veryclose]

In regard to the car - have you contacted the regional office about your problems? I'm asking because I don't see that in your posts. If you haven't, please try that before giving up.

I had a Malibu with rotten brakes and only 11,000 miles on it. The dealership forced me to pay, saying it was the way I drove the vehicle (impossible), but when I got home, I called (# is in the back of the owner's manual). Within 3 days, they called me back to tell me to pick up a check from the dealership reimbursing me for the new brakes.

[music12]

now that gm is in ch11, my feeling is they will never sue you. a few thousands of dollars from you will not be worth it for them. they are discharging all their debts, to the tune of millions or billions. you won't even appear on their radar screen...

[canusaybroke]

now that gm is in ch11, my feeling is they will never sue you. a few thousands of dollars from you will not be worth it for them. they are discharging all their debts, to the tune of millions or billions. you won't even appear on their radar screen...

GMAC is not part of GM anymore........

[runforcover]

I do not understand

1...If gmac is not part of gm anymore. Then gmac can sue me but I can not counter sue gm?
2..."music 12", Gmac is just a creditor and not liable for this plague ship of a car, right? What would they care about it? Wouldn't it be that I would have to "counter threaten" gm? Again, what would they care? They are in bankruptcy protection and untouchable, right?

If this is all so, then bk my only option.
I will have to take down my other creditors as well. If I do not, then I will have no protection for 8 years. If the economy really tanks I am in trouble again.
I am under the median income for my state.
I have only used and abused unsecured stuff.

If I was discharged from this car, I could squeak by. I could "barely" make the cc payments for a year or so till the min. went down far enough for me to breath. If nothing else happens. No more car repairs, etc.
Would that be reason enough for the trustee to not recommend a discharge of all my cc's?

Thanx 'very close" for your comment. No I have not talked to the regional office. My car issues are very extensive. I have documentation showing that I have tried to get issues resolved from 15k miles on. Dealer can not fix because they do not know where to start. Only now do they know where to look in regards to my dangerous front end from a 12 page gm bulletin recently issued showing 7 defects in the hhr front end. Dealer says he can get in there and correct those things starting at $1k. But will not guarantee.
Thanx for the advise though. I was not sure who to inform at gm. I will look at the manual for the #.

[music12]

i confused gmac with gm, sorry... if they are not the same entity, there would be no "counter threat". anyway, i would still wait and see if they sue you, and file bk only if they do. or, if worrying about them possibly suing you makes you lose sleep, then just file.

[OregonMom]

You should have done what my niece did. She purchased a newer mazda suv, she had tons of problems with it, bad motor, needed trans ect.... After two motors and several mechanics later it would run but wouldn't go over 40mph. She took it into another dealer ship and they took it as a trade knowing the issues and got her into another car. She was done with it, probably had to eat some but the car is gone. She is now suing the mechanic who she paid $1300 to fix and he couldn't and wouldn't refund money and the tow company who towed it wrong and ruined the trans.

[tinfoilhat]

I hear they also catch fire and burn to the ground, usually only with a full tank of fuel.
The owners usually run for cover, forgetting their cell phone in the rush to get out, because of this the fire dept arrival gets delayed so it's usually gone by the time they get there.

Thats something I read, just relaying the info.

[runforcover]

Gm/gmac

I am not entirely sure what the connection between gm and gmac is. I always thought that gmac was just a loan institution. But I am not sure.

Here is the crux of it...
I paid and charged too much to repair an unrepairable car. aka chevy hhr.
I bought a new car that has the same car payment amount because I am a courier. My car is my job.
I am defaulting on the hhr. Telling them this month.
In an effort to protect myself from gmac, I am preparing for ch7.
If I file, I must consider defaulting on my other creditors because I won't have bk protection for 8 years. But I do not want too.
Trustee may wonder why I got a car with same payment if I was tight on funds.
That worries me. But now I don't have constant repairs.
With no massive car repairs, that means that just maybe I could hang on and not file.
Is there any other way to fend off gmac? I have all documentation of my efforts to keep car in repair. But somehow I do not think gmac will care. But then, I am not sure what gmac is.
Thanx in advance to anyone who can help with my options...if I have any.

[2xBK]

Ok, I'll say this.

I don't even know what a hhr is, not everyone knows what a hhr is.

You use this vehicle in a business, and primarily as a courier, you will be putting a lot more stress on that vehicle than anyone in typical useage.

More than once I got 40-45k miles out of a set of high quality tires, by checking the tire pressure frequently and rotating them every 5k miles. I also had front end alignments every new tire change and sometimes between tire changes. I have never, ever heard of anyone getting 70k on a set of tires. If these are oem tires you can expect 20-30k. Even the best of tires are wearing thin at 40k and that's if you rotate them and be vigilant in checking tire pressure.

You may well have a lemon. But you also have to realize that you use this vehicle much harder than was intended when is was built.

I don't know what to tell you... file BK just because of a potential lemon without other overwhelming debt?

[music12]

if you go on gm.com, you'll find gmac in there:

http://www.gm.com/vehicles/services/gmac.jsp

this makes me think that gmac is part of gm after all. if that's true, i don't think you have to worry about them suing you. i'd prepare for bk just in case, but wouldn't file unless absolutely necessary. perhaps you could do a free consulation with a lawyer, see what they say? but be careful: lawyers do have a conflict of interest here, because they want you to file so that you'd pay them. so be sure to ask lots of good questions.

btw, how recently did gmac call? anything since gm filed for bk?

i am no trustee, but to me it sounds completely reasonable that you bought another car even if tight on funds, because you need it for your job. it's a necessity, not a luxury. i don't see how anybody could reasonably question that.