[TiredOfThisLife]

I live in FL and re-financed and totally paid back an auto loan to a FL credit union and received the title from them to the automobile many years ago. I also had a LOC and credit card issued by this same credit union around the same time, but have now lost my job and been unable to work for some time now.

I also owe several other unsecured creditors/mostly credit cards (about $45K total) and have student loans, but have zero cash with no job or good job prospects. The credit union just served me with a summons in FL for the "unsecured" (at least I think it is?) LOC and their unsecured bank-issued master credit card.

I am contemplating filing bankruptcy, and received a letter from a bankruptcy attorney that seemed to say that "collection efforts could include seizing a car" which is my only real asset other than my education and future ability to earn income. I rent and have no home.

I called the bankruptcy attorney back for clarification of their letter regarding the automobile, and they stated that their fee for filing bankruptcy is $1450, which I don't have, so they really didn't clarify their letter.

I suppose an important issue for me is whether I should let the credit union proceed and get a default judgment and then have nothing to collect if the can't go after my car that would be needed for a new job, or to declare bankruptcy and probably further damage my ability to get a good job and pay off these debts.

Query 1: Can the credit union in FL legally seize my car that I own free and clear if they get a default judgement on their presumably unsecured: (a) credit card? (b) LOC?

Query 2: If I let them proceed to their default judgment, how many days does it take for the judgment to be recorded from the date of their summons? Note: the summons says that I have twenty days to respond to their summons.

Query 3: How many days does it take from the judgment to them being able to take my car? Immediately? Or, is their another court or other process?

Query 4: Assuming they get their default judgment, can I still have time to file for bankruptcy and that would or would not automatically prevent their collection of the judgment against my car or garnishing of wages, etc.

Query 5: What is my best course of action to delay the process if possible so I have time to ponder the decision to declare bankruptcy and not worry that they can get their judgment and then go after my car then making it impossible for me to get work?

Thanks in advance for any good advice and insight you can offer.

[TiredOfThisLife]

Any feedback on why I am not getting any good responses to my question?

[AuntieCarol]

You have been very thorough but your "question" is like a legal brief. Perhaps if you broke it down into smaller segments?

Good luck. Sorry I don't know the answer.

[excon]

Query 1: Can the credit union in FL legally seize my car that I own free and clear if they get a default judgement on their presumably unsecured: (a) credit card? (b) LOC?

Query 2: If I let them proceed to their default judgment, how many days does it take for the judgment to be recorded from the date of their summons? Note: the summons says that I have twenty days to respond to their summons.

Query 3: How many days does it take from the judgment to them being able to take my car? Immediately? Or, is their another court or other process?

Query 4: Assuming they get their default judgment, can I still have time to file for bankruptcy and that would or would not automatically prevent their collection of the judgment against my car or garnishing of wages, etc.?

Query 5: What is my best course of action to delay the process if possible so I have time to ponder the decision to declare bankruptcy and not worry that they can get their judgment and then go after my car then making it impossible for me to get work?

Hello tired,

I'll take a shot:

(1) In my view, personal property CAN be seized, and that would include your car. Most time they don't WANT a used car, but that's not what you asked.

(2) From the date of their summons, I don't know. From the date of the hearing - a couple hours.

(3) Immediately.

(4) If they're slow, yes, yes and yes.

(5) Ask for a postponement.

excon