Legal Question in Credit and Debt Law in California

I have had a judgement against me for over 2 years. I am now unemployed and on SS Disablity. Lawyer tried to garnish my back account and discovered my only major source of income is SS. I'm worried he will next try to take my car, which will be paid off by end of year. I depend on the auto for transport of a foreign student who is residing with me. Please advise. Thanks so much.


Asked on 9/07/14, 12:52 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Any personal property that has value would be fair game for a collector. However, if the collection agency tried to seize your car, bank account, or any other asset -- perhaps attach wages if you were to return to work -- you would have the right to ask a court to review your hardship circumstances and either return your property, value it differently, etc. Realistically, if the auto is older, the odds are that the collector would not want to bother with it because its value might not make it worthwhile to hire a repo company, store it, auction it, etc.

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Answered on 9/07/14, 4:23 pm


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