Can a civil lawsuit on an unsecured credit card debt take my car? 8 Answers as of March 07, 2014

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Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
Depends on if the creditor gets a judgment. You may want to consider a bankruptcy which will protect your car, depending on its value, and discharge your liability for most if not all your debt. You should talk with a qualified bankruptcy attorney for assistance and guidance before the judgment is entered. With a judgment, the creditor can also garnish your wages and levy on your bank accounts possibly even seize your tax refunds.
Answer Applies to: Arkansas
Replied: 3/7/2014
Dion & Forsyth, P.A.
Dion & Forsyth, P.A. | Douglas W. Forsyth, Esq.
They would have to obtain a judgment first. Once obtained they could seize most assets to which you have sole ownership, with certain exceptions. A car which you own free and clear of any liens would be subject to attachment and seizure to satisfy the judgment.
Answer Applies to: Florida
Replied: 3/7/2014
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
After a judgment, yes.
Answer Applies to: California
Replied: 3/6/2014
Coulter's Law
Coulter's Law | Coulter K. Richardson
Eventually, yes. The creditor must first file a complaint. Then, either you answer the complaint or do nothing. If you answer the complaint, you will eventually have a trial and if you lose, the creditor will obtain a judgment. If you do nothing, the creditor will obtain a default judgment, which has the same effect. Only after obtaining a judgment can the creditor proceed to collect by taking your assets. They would start with your bank accounts. If there is no money there, they may attempt to take your car.
Answer Applies to: New Jersey
Replied: 3/6/2014
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
After judgment and subject to the exemption and prior liens.
Answer Applies to: Illinois
Replied: 3/6/2014
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