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


Asked on 2/24/09, 5:53 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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.

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Answered on 2/25/09, 9:00 am
Raymond LaBella LaBella Law, P.L.

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.

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Answered on 2/25/09, 2:58 pm


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