Legal Question in Credit and Debt Law in Florida
need advice about judgement and car
I have a credit card creditor telling me that he can take my car even if I owe another lender on it. he said that I would have to repay the lender. He said that he could sell the car at an auction and the court could force the DMV to supply a title for the car. I am so confused. Can an unsecured judgement creditor do this? I thought that they could take the car if the value was over the $1000 Fl. exemption, but then they would be responsible for paying the original lender.
Any info would be most appreciated.
1 Answer from Attorneys
Re: need advice about judgement and car
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Don't let an unsecured creditor scare you with false threats. They cannot touch your car at all until they first file a suit, get a judgment and then would have to file to have your car sold at a public sale by the sheriff. Any sale would be subject to the prior lien and thus would be of little interest to anyone unless it was virtually debt free.
The make of false threats by a collector is probibited by federal law. You should speak with an attorney who handles Fair Debt Collection Practices Act cases. They may take a matter like this without any fees upfront from you.
Scott R. Jay, Esq.