Every state has some form of exemption laws, which identify by property category the dollar amount of a property which the debtor can keep. Here in Ohio, the car can be worth about $3,600 and you keep it, actually a little more than that with our wild card exemption. Anyway, research the exempt amount for a car titled in your name, or find an attorney in your area and see if they will look it up for you. Overwhelming debt is normally dealt with in a bankruptcy filing so you know all the debt is wiped out.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
If you car is valued for $4,000.00 or less, it cannot be taken for credit card debt because the car would be 100% exempt from execution. See New Hampshire Revised Statutes Section 511.2(XVI).
You need to check the trade-in value of the car with Kelley Blue Book to see how much the car is now worth.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
You are entitled to an automobile exemption in NH so if they try to satisfy the judgment by taking your car, you can assert your rights in court. Normally, NH collection attorneys file Motion for Periodic Payments and do not try to take debtor's personal belongings to satisfy a judgment. Mary
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