Legal Question in Credit and Debt Law in Florida
car title/judgment
My wife has a car financed in her name -only. Balance owed 36,000.
acv-30,000.A judgment has been
filed by a creditor against her.Can
she add me(husband)to the title
and then claim''TBTE''? or any suggestions on how to keep creditor from getting car once it's
paid off in 36 months...Thanks
2 Answers from Attorneys
Re: car title/judgment
There is no way to add you to the car title without refinancing the car, which can't be done while there's a judgment on it. The only thing you could do at this point is to pay off the car. That's the only way to keep it.
Re: car title/judgment
Since you are currently upside down on the car and likely to remain that way until the very end of the loan (unless you trade it in before then), then there is no equity for a third party judgment creditor to claim anyway.
If you still have the car when the values reverse, then you could refi it or use it as collateral for another loan, or you may be able to claim it as exempt from levy under F.S. 222.061.
You can click on the link to the Florida Statute from our Tools menu on our website at www.LaBellaLaw.com.