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

Morrisville, PA |
Attorney answers 1


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!

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