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patrickkk · Dec 1, 2011, 03:36 AM

Are they allowed to take a car for payment

ScottGem · Dec 1, 2011, 04:25 AM

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.

Fr_Chuck · Dec 1, 2011, 06:33 AM

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 ?

patrickkk · Dec 1, 2011, 11:01 AM

They did call and I live in New York city

ScottGem · Dec 1, 2011, 11:11 AM

Who called about what?

patrickkk · Dec 1, 2011, 01:24 PM

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

Fr_Chuck · Dec 1, 2011, 09:30 PM

They normally do not take cars, but yes they could

patrickkk · Dec 1, 2011, 09:52 PM

Do they give you warning before taking it

ScottGem · Dec 2, 2011, 04:28 AM

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?

patrickkk · Dec 2, 2011, 02:20 PM

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

ScottGem · Dec 2, 2011, 02:36 PM

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.

patrickkk · Dec 2, 2011, 02:56 PM

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

JudyKayTee · Dec 2, 2011, 03:04 PM

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.

patrickkk · Dec 2, 2011, 03:18 PM

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

ScottGem · Dec 2, 2011, 03:29 PM

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.

patrickkk · Dec 2, 2011, 03:38 PM

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

JudyKayTee · Dec 2, 2011, 03:42 PM

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

That doesn't mean the Judgment "died."

patrickkk · Dec 2, 2011, 03:48 PM

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

patrickkk · Dec 2, 2011, 03:55 PM

So if you were me what would you do

patrickkk · Dec 2, 2011, 04:01 PM

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