Someone Help, I Feel Sick Now

[rilbrianne]

The attorney assistant (from my search for a free consultation) just called and informed me, although she noted that she shouldn't be giving me this free advice, that the EXEMPTIONS YOU ARE ALLOWED DEPENDS ON HOW MUCH YOU OWE... for example, we could not use the vehicle exemption up to $2500 for our old pickup truck because we owe nothing for it. At least, that's how the attorney explained it to her... she was calling to see if I had decided to use an attorney or not. Luckily the baby started crying before I could answer her.


IS THIS CORRECT?? IF SO, I WON'T BE FILING PRO SE... BECAUSE OBVIOUSLY THERE IS STILL A LOT I DON'T KNOW. The only thing I was planning on using as exempt anyway was our truck and our clothing and obviously, baby furniture.

DID ANYONE ELSE SUCCESSFULLY FILE PRO SE? THIS SHOULD BE A SIMPLE CASE... NO HOME, ASSETS, SIMPLE UNSECURED DEBT, ETC. Why is this scaring me so much?! I should be able to do this on my own... Please help, I'm so nervous now...

[JRScott]

Seems odd, I don't recall seeing anywhere where your exemptions were tied to your debt level.

Still I gotta say that I decided not to file pro se and pay a lawyer, I just decided not to play the odds. There are some others here that have filed pro se though . Hopefully they can help you more.

Don't worry, you've got time to figure it out

[rilbrianne]

It wasn't my debt level overall but the actual amount "owed for the vehicle" which, in my case, is nothing. It's an old truck, why would I be able to claim a vehicle which I owe money on as opposed to a vehicle which is old and worth $800 max?

I didn't think the amount you owed for a vehicle had anything to do with "being eligible to claim it as exempt" either but that's what she said... And now I'm scared that if that IS the case, then I'm in trouble. I have already finished the paperwork, it's done and I am confident that it is correct. It's really simple actually, especially since my case is so simple. But this makes me second guess my intelligence. Why wouldn't this be stated when I've researched exemptions?

[JRScott]

I don't live in Michigan but I don't owe anything on my 1990 buick and my lawyer exempted it.

Maybe schedule a free appointment with someone else and get a second opinion?

[rilbrianne]

oops, reposted again by mistake...

[JRScott]

I think you double posted

I did not owe anything on my 1990 buick, its title is clear to me.

On my schedules though it was exempted through exemptions.

Unless things are really different in MI I don't see why you couldn't.

[keepmine]

I'm with JR. I had an old beater worth under a $1000 that was paid for and kept it.
Get another opinion. This paralegal has no idea what she's talking about.

[keepmine]

BTW JR. Just saw your sig line. You got a big day today! Good luck!

[BKTango]

I think if the truck is older anyway and only worth maybe $800, you should be fine in keeping it. I have never heard of not being able to exempt it based on nut owing any money on it. We exempted 4-5 vehicles that we didn't owe money on.

I would suggest seeing another lawyer for a consult, or contacting the attorney directly and asking them to verify what the assistant just told you.

[SinkingFast]

We had 3 old beaters. Owned free and clear. $6K in vehicle exemptions and all 3 were covered.

That paralegal told you wrong. About Exemptions anyway.

There has been discussion back and forth about the Means Test and Transportation Deductions. People with car payments are being allowed some $$$'s there that people who own cars free and clear don't get. So maybe the paralegal was just confused.

If you're below the Median, Transportation Deductions won't be an issue. You don't get that far on the Means Test if you're below the Median.

[rilbrianne]

Thank you, I didn't think it sounded correct. She said she had been with this attorney for 3 weeks but I didn't ask her if she had worked any place else before this.

Her attorney takes payments and is 1 1/2 hours away.... there are 2 local who don't take payments and I can't afford that. That's why I NEED to know if this is correct or not. I could file Pro Se if she wouldn't keep throwing me off the wagon, lol.

[cathywhite4495]

I'm in Michigan and I will be filing pro se very soon. I'm pretty sure that your vehicle is OK as long as it's not worth more than $2950. If you still owe money on it then you would have to subtract how much you owe from how much the vehicle is worth. You can look up the Blue Book value online. I bought the Nolo book and it has helped tremendously! I have a land contract and that is a weird situation but everything else is covered in the book.
Good luck!

[demismom]

I'm in Michigan as well and we filed on 3 of our vehicles and claimed them as exempt. There was NOTHING mentioned about the fact we didn't owe on them. We exempted what we could and we'll go from there. Our 341 is in a few weeks, so we'll see.

[CindyLou]

The fact is its about how much equity you have in a vehicle. For example, if its worth 10000 and you owe 8500, then you have 1500 equity and it would be exempt. BUT its worth 10000 and you owe 2500 then you have 7500 equity and it would not be exempt. In your case if you owe nothing then your "equity" is the same as the worth of the vehicle. So as long as your vehicle's blue book is not more than the amount of exemption for a vehicle in your state then your fine.

[rilbrianne]

I see, thank you for your replies. We don't owe anything on it but that's what she was saying... that because we don't owe anything, we couldn't count it as exempt. She was wrong.

I do have the NOLO book, just got it a few days ago but when a pro tells me something different, it threw me for a loop.