If you have a judgement against you for a credit card debt, Can they take you car and sell it to cover the debt?

Asked over 5 years ago - Morrisville, PA

I live in pa.

Attorney answers (1)

  1. Michael D O'Brien

    Pro

    Contributor Level 9

    Answered . I don't practice in Pennsylvania but in Oregon the answer is no and it is likely similar where you live. I have been doing this for 14 years and in my experience a credit card company wants money not headaches. If they have a state law right to attach your vehicle and force its sale to repay the judgment then they must also have a state law right to garnish wages and bank accounts and to order what we call a "Debtor's Examination." Each of these is more likely to result in realizing cash for the debt as opposed to a headache. You would be best served by keeping your money out of the bank so no surprise garnishments gobble up all your cash.

    You should also consider calling a local bankruptcy attorney to find out if that option may be open to you. Under my state's law, a judgment is valid for ten years and can be renewed for ten more. Thus, it is a dark cloud that can hang over you for twenty years. Even if bankruptcy is not an option you could consider contacting the collection attorney and negotiating a settlement. Don't offer to pay 100% of the debt but be prepared to pay some money down to show good faith. If you establish payment terms with the collection attorney do NOT pay them with a personal check - they would then learn where you bank and garnish that account! Instead, pay them with a cashiers check or money order purchased at a different bank from the one you normally use. Good luck!

Related Topics

Debt

There are different types of debt, but all involve one person (the debtor) owing money to another (the creditor). Terms of repayment are governed by a contract.

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