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    tessaIndy's Avatar
    tessaIndy Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Apr 1, 2007, 03:48 PM
    Lien on bank accounts and car
    I am a resident of Indiana. Capital One took me to small claims courts and received a judgment against me. I have been notified that while they believe that it appears they can't get a lien against me, they want me to go to a hearing in June and bring in proof of income and assets.
    My only income is social security and supplemental security income. I own a car, but no real property. I would like to know if, in the state of Indiana, Capital One can put a bank lien on my social security and a lien on my car, and where I can find the statutes in the Indiana Code that would pertain to these questions so that I can present them at the hearing in my defense (I am acting pro se). The debt was unsecured.
    Thank you.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Apr 1, 2007, 04:23 PM
    They can't lien or garnish your SS but your car, yes. The lien doesn't mean they take the car, you just can't sell it without them getting their money.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 1, 2007, 04:39 PM
    Most likely what they are saying is that they have always checked you out and can't find anything to get, but that they will make you show them anyway. You have little option that to go to court and present.

    As they can not get the SS, they will be looking for savings account and other money first
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