Are they allowed to take a car for payment

First ANY question on law needs to include your general locale as laws vary by area.

It is possible for a creditor to seize tangible assets to pay for a debt. Its rare, since the likelihood of getting enough from the sale of a seized car to pay a debt is small.

In some areas yes they can. Of course the car will be sold at auction, which means it will bring far less than its true value, there will be sale fees, court fees and more. So often it is not worth their time. But of course if they have not gotten any money, they may see it as better than no money.

often this threat to take your car or other things is common if you are talking to collection people on the phone, more details as to how this has come up would be helpful, do they call, did you get something in the mail ?

They did call and I live in New York city

Who called about what?

Hello my name is patrick I live in newyork city I hade a jugement against me from a credit card the jugement was 4500 they said I owed 7000 anyway the juge said 4500 now there calling me the colllectors I just got a nice car from brother I am on ssi can they take my car I'm really nervous

They normally do not take cars, but yes they could

Do they give you warning before taking it

First, to provide more information please use the Answer box, don't keep asking a new question. I've merged all your threads together.

If they already have a judgment, then no, they don't have give warning that they will seize the car.

If they are calling tell them your only income is SSI and that any further correspondence should be by mail.

Did your brother transfer the car's title to your name?

Yea the title is not in my name as of yet because they send me a letter we forgot to put the mileage on car I have to have my brother fill it and I have to fill it out . But I just talk to a lawyer he said they have to go back to court and get another order he said he is 100 percent certain about that

First, I would leave the title in your brother's name.

I don't know what this lawyer told you. But it is true that they have to go back to court for an order of execution to seize the asset. However, you do NOT need to be notified about it. You won't know until they come pick up the car.

So do you really think it would be best for me to talk to the people calling because so far I have no knowledge of this debt and I disputed it with experian 8 month ago its no longer on my report and if I talk to them it could start up all over again its been 7 years already

You disputed the claim and they STILL got a Judgment against you? Didn't you go to Court?

I don't understand how they got the Judgment. Did you lose at a Hearing?

I would believe the Attorney who is familiar with all of the circumstances.

I also agree with Scott - if there's a Judgment and they want the car, they just come and get it.

I just need to no when the statue of limitations is up or already up I'm looking everywhere I can't find an attorney he was a consultant

First, Statute of Limitations no longer apply. An SOL is about how long they have to take legal action. Once they filed a suit, the SOL stopped. A judgment in NY can last for 20 years.

You say you don't know if the debt is yours. Did you dispute it and they still won a judgment? You need to explain that.

But if they have a judgment then talking to them does nothing unless you can offer a settlement.

But when I dissputed it when I first saw it it hade a date on it when it comes off my credit 2011 and I didn't win anything it just came off the report

Quote:

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Originally Posted by patrickkk

but when i dissputed it when i first saw it it hade a date on it when it comes off my credit 2011 and i didnt win anything it just came off the report

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That doesn't mean the Judgment "died."

But I went to a bankruptcy lawyer he said I got to prove I owe money the only way he can do that is by checking my credit reports if there nothing there I can't prove I owe money

So if you were me what would you do

When they call they don't say the judgement debt they say the whole debt on my answering machine but the judgement is for 4500.00 now in your opion what do you think they would settle for lump sum

Your credit report has NOTHING to do with the judgment. You need to give us details about how you got the judgment and whether you may owe that creditor or not.

Providing national bank gave me a credit card for a 1,000 the interest went up to 7,9000

I wasn't there to defend myself I never receive a affidavit but somebody had to sign I no. but it wasn't me

By the way I really operate your time THANKS

Appriate

You don't have to sign - a responsible adult has to accept the papers. It would have been (minimally) a Summons. I own/operate a process service company so I'm not just guessing.

If you have an argument that service was improper get a copy of the Affidavit of Service, go to Court and appeal the decision. Personally I think you'll lose because it WAS valid service - and you apparently were aware of the matter.

How do I find out how long the judgment is good for and can I request the court papers from the law firm

Request the "Court papers" from the Court.

The Judgment is "usually" for 10 years, renewable for another 10. I believe you are in NY - ?

Yes I'm sorry to keep bothering you but to you think I should just call them this really got me nervous

No, I think you should go to Court, sign whatever documents they require, ask for a copy of the file or papers or whatever you are looking for, pay their fees - and then you will have copies.

Calling them will accomplish nothing. The law firm may or may not be cooperative - but at this point they have a Judgment and have no need to deal with you.

As a side note what do you expect to find in the paperwork that will make a difference in the Judgment? If someone accepted service, you were served. You should have been aware of the Court date. You appear to have done nothing.

Now there's a Judgment and it's really too late to do much.

I can't sit around and way to see if my car is gone I'm looking out my window every 5 minutes

One more thing how do I find out what court

Well there is nothing you can do until Monday morning when you can go to the court. You really need to read the advice you have been given and take action. For example, I told you, if the car is not in your name, they can't legally, seize it.

All right no more thing how do I find out what court to go to

I give up. Scott, it's your turn.

You should have some paperwork telling you about the judgment. That's where you should find the court and docket info.

Hey I went to court found my case what does it mean when it says case status disposed

Today is Sat! How did you go to court?

No its online court tells finds your case I found it it's a civil case and it says index number lawyer name everything and case status disposed what does it mean

I found it on this page one of the sites said to go to e court to see if you have a default judgment

Just found out more there was a disposition date in 2007.it says jury demand no juge name no

It probably means the case was disposed of via a default judgment.