[cb432]

I have a credit card jugdement that was processed against me for about 4,000 including court and interest. This week the sheriff emptied all my money in my bank account and came this morning and took my car which is about 15,000. I am at a loss and do not know what to do next. Please help.

[ScottGem]

Did you fight the judgement? Its unusual that they will seize personal property for unsecured debt, but its possible. Where are you located? How much was in your bank accounts? Did the sheriff tell you what they were going to do with the car since its value clearly exceeds the remaining balance.

You probably need to get an attorney to help you at this point. For us to help we need to know much more about this. Is it a valid debt, can you afford to pay it? Did you try to settle? Did you fight it in court, if so, what happened. What state do you live in? And anything else you think pertinent

[cb432]

Thanks for responding. This is a credit card I got in college. I am in NC. I had a paper served a while ago and tried making around $50 to $100 dollars a month in payments. I then could not pay regularly. I did not understand the paper at all. This week I had $400 which was after my paycheck usually I have more in the bank but that was what they took at the time. I work two jobs right now and was going to call the attorney today to see what I could do because I cannot pay the total amount due. It takes all my money to live and pay my bills. I just bought the van three months ago. The sheriff just came this morning and gave me the paper about the bank account. He then said a tow truck is enroute to seize your van and they will sell my van for the amount due $4073 which he said may change since they seized my bank account. I said can we call the attorney now and he said they don't come in until late and we are taking your van. There is no way I can get the money today to settle in full and if not my van is sold for "scrap" parts is what he said. The sheriff told me not to call the attorney that he would to see how much I had to pay today. My bank is negative right now because they forced paid some of my bills since my account was emptied out. Please help... thanks

[ScottGem]

I'm sorry, but the time to ask for help was when they originally served you. You apparently had money to purchase the van. You might have been better off using it to settle the debt.

What will probably happen now, is if you don't pay the balance, they will sell the van at auction, Since they only care about getting $4K they will not ask for full value. So maybe they sell it for $6K. You will get the difference (if any), but you will still be making payments on the van loan (assuming there is one).

The best suggestion I can make now is to talk to friends and relatives to try and scrap up the cash to pay the creditor to get your van back before they sell it. I would also suggest consulting an attorney. Did the sheriff show you a court order allowing them to seize the van? If not, the attorney may get it returned.

[cb432]

That is what I figured. I have been on the phone with sheriff and attorney for the credit company all morning. I can come up with $2500 but they won't budge with that. The sheriff gave me a copy of the writ of execution one piece of paper with the amount due and said we are taking your van. When I talked to him he said an attorney won't do any good for me now I was wasting my time. The lawyer was not nice at all and said she would not contact the client again to ask if they would take $2500. Do they have to have a court order to seize the van? Thanks for helping.

[ScottGem]

You need to read that writ of execution very carefully. Does it specify what assets can be seized? In most venues, such writs have to be specific. If they are allowed to seize the car, the writ should specify that. If they are going to attach a bank account the writ must specify the bank, account number and account names. The sherrif just can't seize anything they want to. If you have access to a scanner, you might want to scan the writ and attach it to a post here (as a PDF). Maybe we can spot something.

Why should they accept $2500 when they know they have a vehicle you just bought for $15K. They should be able to get at least the $4K for it. So they have no incentive to accept anything less.

As for the sherrif telling you an atty would do no good, raises suspicions in my mind. Of course the sheriff doesn't want you to get an attorney who can get your car back. Why would you take advice from someone who obviously does not have your best interests in mind? The sheriff represents the creditor, not you.

[cb432]

Thanks. I have contacted an attorney and have an appt. on Monday. Today is running out and looks like I won't get it back today. On Tuesday I noticed my bank account was at zero so I called and they told me the sheriff had taken my money. When I contacted the sheriff he told me what it was for. I asked if I could contact the attorney he said yes which is what I was going to do today since I was off work. But at 8:30 he was there. The paper today he gave me just is a copy(one page) of the writ. It has the total written in black ink. I do not own a home(rent) I got help from my parents to purchase the van but put it in my name to help rebuild my credit. I asked the sheriff if it was legal to take my van since it was worth more than the loan and he said it was. I have another sheet that I got that says about exemptions. I have no clue what that meant so I could not fill it out.

[slowandeasy]

Hi Cb432

Do you mean in North Carolina they can seize your car for credit card debt? When you got the civil warrant to go to court what was the total amount on the paper? Seems strange to me that they would take your van for unsecured credit card debt

[cb432]

The total for credit card was $2592. I have been working all day to fix this, but they won't give the van back until I pay $4000. I am stuck.

[mr.yet]

Well, if you owe money on the van, they can try to sell it, but most likely there is a lien on the title. SO, it doesn't do them much good, the lien holder on the van has to be paid.

[slowandeasy]

I still do not understand what the van has to do with unsecured credit card debt I live in virginia and even after your bank account is" frozen" the funds are held for x number of days before the bank send the funds to the creditor Which credit card compay where you dealing with?

[ScottGem]

Thanks. I have contacted an attorney and have an appt. on Monday.

The paper today he gave me just is a copy(one page) of the writ. It has the total written in black ink. I do not own a home(rent) I got help from my parents to purchase the van but put it in my name to help rebuild my credit. I asked the sheriff if it was legal to take my van since it was worth more than the loan and he said it was. I have another sheet that I got that says about exemptions. I have no clue what that meant so I could not fill it out.

I really hate tro say this but you are doing yourself more harm than good. If you don't understand something, don't ignore it, get help! If you want our help, don't tell us it says "about exemptions" tell us EXACTLY what it says.

Most states allow you to exempt certain property from attachment. That is probably what that form is about and it may allow you to exempt the van.

As slowadneasy and I have said, its unusual that a court would allow the seizure of non cash assets to pay unsecured debt. I will go further and state that if the writ did not specify the van, then it may have been illegal to seize it. Monday may be too late, they may sell the van by then. Also Mr Yet makes a good point, if you financed the van through a bank or other lender, they may hold a lien on it which would prevent its legal sale.

Please either scan the documents you have and attach them or type in EXACTLY what they say. If the writ does not give them permission to seize the van, you may be able to go to the police and report it as stolen.

[cb432]

The paper says The following sums are due: Principle, interest, attorney fees, sheriff commission, and tow truck totaling $4073.91 then I subtract the $400 they deducted from my bank account. It says the judgement should be taken from personal property of the defendant and if sufficient personal property cannot be found then real property. It says you can exempt residence up to $10K and burial plots. It also says you can exempt motor vehicle interest up to $1500. I did not have the vehicle the first time I received this form. Does this help. I do not have a scanner at home and have no transportation at this point to go to my office. Thankfully my children are at my parent's house this weekend. I told the man I had children and had to have transportation. No go.. I really messed up but I really thought it is a credit card and I had not done anything illegal. Stupid I know. Is it possible to call you to discuss.

[mr.yet]

Since they are playing hardball, call them and tell them you will be reporting the van to the lender on the title has repossess by unknown party, they stole a vehicle which the have no claim to, Writ of possess or not they don't have a claim to the vehicle secured by another party.

.

[ScottGem]

Ok, This gives me more to go on. Since the writ does specify personal and real property then the writ could be interpreted to cover the van. However, if the van was financed through a lender that placed a lien on the van, it would be illegal for them sell it and take any proceeds. The primary lienholder is entitled to first claim on any proceeds.

So, what you will probably need to do is file a motion in court on invalidate the writ on the grounds that a) it didn't directly specify what property could be seized and b) the property seized was subject to a prior lien. Ask for an immediate hearing. You should get a lawyer to handle this for you. Hopefully you can get a court order to serve on the sheriff ordering return of the van.

When you signed for the card you agreed to pay back anything you borrowed against the card. Failure to do so is breach of contract.