Legal Question in Credit and Debt Law in California

If a debt was turned over to a collection agency and I cannot afford to pay this debt since I am not working are they allowed to take my car which I own?


Asked on 9/12/09, 1:32 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

If the debt is not for your car purchase, or you have not pledged the car as collateral, probably not. However, if the creditor obtains a judgment, it could execute against equity in your assets that exceed statutory exemptions. You might look at California Code of Civil Procedure section 704.010 and sections that follow to determine what is exempt from collections.

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Answered on 9/13/09, 8:38 pm


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