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Can they take my car?

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    #1

    Can they take my car?

    I have over $18,000 in credit card debt from 4 years ago. I don't use credit cards now. I pay cash for everything. I live with my parents and don't have any real assets except for my 1994 Volvo station wagon. I just got notice last week of writ of garnishment from my employer, luckily I don't make enough to garnish (I'm p/t). My question: Can they come and take my car? I want the collection agency off my back, but they sent me a letter where, quote:

    "Your personal possessions, including your car, will be seized and sold at a public auction!"
    Tags: None
    #2
    That letter is more bark than bite.

    But, if the creditor gets a judgment against you (i.e. successfully sues you), they could conceivably take the car. But doing so is rare, rare, rare.

    I wouldn't worry about it too much.

    1. Do you know your state's automobile exemption amount, if the exemption amount is more than the car is worth, or more than the equity in the car, the creditor will not be able to take it.

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      #3
      It's gone to court and now the writ... (I forgot to add that I own the car free and clear) Here in FL if you file ch7 it's $1k vehicle exemption, plus a possible $4k wildcard exemption. The car is NADA $3200. I don't have money to file ch7. http://www.bkforum.com/images/smilies/cray.gif
      http://www.bkforum.com/images/smilies/cray.gif

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        #4
        I was reading another thread where someone said just showing up at court and speaking for yourself instead of ignoring things can really help you out. I cant really afford to get the lawyer either. I found one who allows me to put a little "on lay-away" per month. Right now I am catching up on house payments. Then I will attend to paying the lawyer. Once the lawyer gets the full amount the Ch 7 will be filed. I tend to think the pain is worth the end result.
        Not all those who wander are lost....

        --J. R. R. Tolkien

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          #5
          Actually I did go to court, but they couldn't get the lawyer on speaker phone. I thought that was it, but he just refiled and I was out of town when the sheriff's deputy tried to serve me with court papers. I honestly and seriously tried to work out a payment plan with the CA last year, but they don't believe I'm practically broke. They refused to work with me. He told me to go to my parents and get the money from them!!!

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            #6
            I really don't think you have anything to worry about. If it happens, it happens, but it is RARE, RARE, RARE, for a creditor (even with a judgment) to go after an automobile.

            Comment

              #7
              IMO they are NOT going to take your car!!! It wouldn't be worth their time and trouble in the end. Don't worry needlessly over that.
              Chapter 7 Pro Se....Discharged Feb. 2006

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                #8
                They're just trying to scare you, and it's working.

                I have a judgment against me from Capitol One, and they have not made any attempt to take my Chevy S-10 from me. Why? Because it would cost them more to take it than it's worth, and Arizona has a $5000 vehicle exemption.

                But did that stop them from telling me they were going to take my car from me? No. And they used the word "car" not truck. They didn't even know what kind of vehicle I drive. I said, "Oh no! You can't take my Buick from me. I love that car!" The lady on the other end of the phone said, "Oh yes we can. If you don't pay XXXXX by 4:30 p.m. on Friday, we'll have tow truck out there to take your Buick away from you."

                I don't even drive a Buick!

                Whenever a debt collector opens their mouth it is safe to assume that they are lying.

                So, don't worry about it.
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

                Comment

                  #9
                  "Whenever a debt collector opens their mouth it is safe to assume that they are lying."

                  LOL! And I always thought that line was for lawyers!

                  Comment

                    #10
                    Originally posted by GoingDown View Post
                    They're just trying to scare you, and it's working.

                    I have a judgment against me from Capitol One, and they have not made any attempt to take my Chevy S-10 from me. Why? Because it would cost them more to take it than it's worth, and Arizona has a $5000 vehicle exemption.

                    But did that stop them from telling me they were going to take my car from me? No. And they used the word "car" not truck. They didn't even know what kind of vehicle I drive. I said, "Oh no! You can't take my Buick from me. I love that car!" The lady on the other end of the phone said, "Oh yes we can. If you don't pay XXXXX by 4:30 p.m. on Friday, we'll have tow truck out there to take your Buick away from you."

                    I don't even drive a Buick!

                    Whenever a debt collector opens their mouth it is safe to assume that they are lying.

                    So, don't worry about it.

                    lol... i love it
                    *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
                    *Last day to Objection 02/19/2008 :yahoo: [x]
                    *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
                    TransUnion 538 Experian 519 Equifax 531

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