Legal Question in Credit and Debt Law in California

Hello, I am a resident of San Diego, CA. I have many unpaid credit lines/cards that have not been paid on for almost four years due to extreme financial hardship. Only one of the creditors has sued me and obtained a judgement in 2009 for an unpaid credit line of approximately $11,000. I have not heard anything from this creditor since this judgement, other than a letter from the City of San Diego stating that a lien has been placed on me. This was about one year ago. I am assuming this lien was placed in anticipation of any property I may own in the future, as I currently own no property. The only bill I have been able to pay is my auto loan of which has a maturity date of 6/12. My question is whether this creditor will have the ability to take my car once it is fully paid off in June? If so, is there any way to avoid this, such as transferring the title to a relative. It is the only property I own and I cannot make a living without it. Lastly, due to the fact that the vast majority of my credit cards/lines have not been paid on for almost four years, would it be advisable that I still consider bankruptcy of just wait out the statute of limitations since it has been so long. Thank you for any input you can provide.


Asked on 11/13/11, 11:48 am

1 Answer from Attorneys

Tony Carballo Carballo Law Offices

Yes, your car can be taken but that it is rarely done because of the amount of legal work required and because of the cost of taking the car, storing it and auctioning it plus your vehicle exemption under California law protects some or maybe all of the value of the car. Most likely the collection action will be to garnish your wages and/or levy any bank accounts in your name. Transferring the car is not a good idea. Transferring property intentionally to avoid having it taken by a creditor while you are insolvent and without getting paid the value of the car is a fraudulent transfer or conveyance and can be set aside by the creditor (or the trustee in bankruptcy) and you could lose the car exemption out or in bankruptcy. While the credit card on most of the car will not be legally enforceable 4 years after default, that does not mean it will not show on your credit report as outstanding. You still owe that money but they can'd sue you for it. Also, the judgment is initially good for 10 years and renewable for ever and it is growing by 10% per year. Bankruptcy may still be a good option to get rid of the judgment and to have your credit report show that you do not have any pending debts. That is the only way you are going to be able to re-establish credit unless you wait many more years. Alternatively, you can settle the credit card debt with small amounts and even the judgment but you will need lump sum amounts of cash available to do that. Bankruptcy should improve your credit score given your bad credit and little prospect for improvement now.

Read more
Answered on 11/13/11, 1:50 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California