Car Repossessions

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See the following Indiana law which addresses vehicle repossessions: IC 26-2-10.

Although IC 26-2-10 is the main Indiana law or statute addressing car repossessions, much of repossession law is governed by the terms of the contract. If you default, the car loan company can legally come and repossess your vehicle. Common examples of a default include: not paying title and other transfer fees, not carrying proper insurance, and making a late loan payment. If you are even one day late with a loan payment, the car loan company can consider this a default, and can legally start the vehicle repossession process.


The Amount of Wages That Can Be Garnished in Indiana

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See the following Indiana law about wage garnishments: IC 24-4.5-5-105.

If a creditor gets a judgment entered against you in a court of law in Indiana, they can garnish 25% of your disposable earnings for each week. Disposable earnings is sometimes called “take-home pay.” Disposable earnings is the amount left over after legally required deductions. You can attempt to get the garnishment amount lower than 25% upon a showing of good cause. For a second calculation, you can see how much your disposable earnings for the week are over 30 times the federal minimum wage. If your second calculation is less than the 25% amount, the second calculation will be your garnishment amount.


What Constitutes a Debt Collector?

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Bill Collectors and Debt Collectors under the Fair Debt Collection Practices Act

Certain debt collectors have to follow the laws under the Fair Debt Collection Practices Act (“FDCPA”). One of the main purposes of the FDCPA is to stop debt collectors from engaging in abusive collection practices and misrepresentations. The Act defines who is a debt collector and who is not a debt collector. Debt collectors collect on debts owed to another person or entity. An employee or officer who is collecting their own debts, or the debts of the actual creditor, is not considered a debt collector under the FDCPA. If you are unsure as to whether someone is a debt collector or not, you can always ask them.

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