View Full Version : Owe on credit cards they took my car
10241994michael
Jan 9, 2009, 04:43 PM
I owe money to different credit card companies, one of them has obtained a levy and taken my car. Which is paid for with no leins. If I file bankructcy can I get my car back?
Fr_Chuck
Jan 9, 2009, 10:32 PM
No, it is too late now, you should have filed before they got the lien on the car, the lien made it a secure debt and you would have to either pay it in bankruptcy court to keep the car. But after it is gone it too late.
Iknowalotofstuff
Jan 15, 2009, 02:03 PM
Once again, the person asking the question does not disclose the state or province in which her resides so we readers cannot comment as we do not know the jurisdiction.
Most jurisdictions have statutory exemption legislation which prevents unsecured creditors from seizing these exempt assets. For example, in Ontario Canada, a debtor's consumer goods are exempt from seizure if they are paid for or were paid for when they were pledged as security. ($5000.00 in personal effects, $10000.00 in furniture, $10000.00 in tools of a trade and $5650.00 in a vehicle) If there is exemption legislation in your jurisdiction, if the creditor seizes and sells the goods, they pay you the amount of the exemption and bear the cost of sale before they are entitled to anything.
You should look. I would not put it past any creditor who takes security in paid consumer goods to withhold the exemption.
slowandeasy
Jan 15, 2009, 02:07 PM
What state are you in?
Iknowalotofstuff
Jan 15, 2009, 03:31 PM
Ontario Canada