Legal Question in Credit and Debt Law in California

Can my paid-off car or other property be seized?

I am in default 2 months on 2 of my 4 credit cards and will soon be on another card and a home-improvement loan. I have always paid and had A+ credit before this. I still haven't missed a payment but am just paying what I can, but not even the minimum payment. I have contacted the card co & explained my situation & that I fully intend to pay but I can't do more just now. I need to know if a credit card co seize my car or put a lein on my house when that card was not used for the purchase of either? More specifically, wouldn't they just have a right to seize items purchased with that card? Also, can a card co raise interest rates simply because I am in default on another card but not on theirs?


Asked on 8/10/07, 1:05 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Can my paid-off car or other property be seized?

If the card company believes you're a bad credit risk, they could raise the rates or even cancel your card.

As for the other cards, they cannot take anything of yours unless they have obtained a judgment. Then, again, they'd rather have $$ than taking anything else, unless you have an expensive watch or car.

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Answered on 8/10/07, 1:24 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Can my paid-off car or other property be seized?

First, they can raise your rates if you are late on other cards if they do a credit review and determine you are not a good credit risk.

Second, they cannot take anything or place a lien on property unless they obtain a judgment. You should keep paying them what you can and try to get caught up as quickly as possible. Once they send it to a collection agency, it will be more difficult for you to resolve this.

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Answered on 8/10/07, 11:22 am


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