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Can credit Collectors take my car away?

California |

Can credit collectors take my car?
Ok here is my situation im about 10,000 in debt for hospital bills mostly the rest were furniture and small stuff, I live in california, I recently own a car I payed it cash it was about 1500 dollars i paid!!......Im wondering can credit collector take my car? They havnt contacted me yet about anything but they have sent letters to me on behalf of my collection, and no there were no threats either. Ok now what are the equity or value is protected by an exemption in my State? I Live in california..... I need to know the facts?....I mostly have bad credit from Hospital is that really a big deal or wutt?

Attorney Answers 2


Technically, if a creditor gets a judgment against you, they can levy on this type of asset. However, it is highly unlikely that this will happen. Getting a judgment takes a while, courts are slow and there are delays, it is also costly to go get a judgment because they need an attorney to do so. Even if they do go to the trouble to get a judgment, you are correct in that there is an exemption in California for a motor vehicle, which is about $1,700. You'd have to carefully fill out the claim of exemption forms from the Sheriff's office and request a court hearing to get the judge to rule on your exemption, but it is available if you were to go to the trouble of doing it. Good luck.

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Take into account that if a creditor obtains a judgement they must still obtain a writ of execution and then, after the writ of execution, you would have a window of time to file the exemption claim with the court.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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