Legal Question in Bankruptcy in California
assets at risk (auto)
I am in a position that I am judgement proof. The only asset that i have is my 2004 toyta truck which is paid for and I own the title.
Can my crediters take this asset?
1 Answer from Attorneys
Re: assets at risk (auto)
California has laws that do protect certain assets from being levied by creditors to satisfy judgments. It would take a review of your entire financial situation to make a determination that your truck can be protected, as I have no idea if your truck is worth $3,000 or $15,000, or what other assets you own. Its all about how much its worth, and whether you can avail yourself of the exemption laws to protect the asset. Also remember that these exemptions are not automatic. If a creditor seeks to levy against your truck, you have to assert a claim of exemption, or they will be able to take the truck free & clear of your interest in it.
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