Legal Question in Credit and Debt Law in Florida

Dear Ms. Johnson:

Thank you for your question. Based on the facts that you have presented, I cannot determine if you are a party to a lawsuit. However, since you have been provided a subpoena, I can only assume that there is litigation of some kind.

A subpoena duces tecum is a document that usually is requesting that some entity give information or documents to a party in a lawsuit.

If you are being sued by American Express, it would be wise to get the cardmember agreement. Yes, I know, most people don't save these. If you don't have it, then request it from American Express. Why? Because those agreements can limit your rights in court.

As far as taking your car? Generally, there are no laws that I am familiar with that would prevent a creditor from taking personal property because someone is disabled. If the government was involved, that would possibly change things.

However, there is a process that American Express would have to go through. They would have to win in court, obtain a judgment and then seek to attach assets. Generally, it is very difficult for an unsecured creditor --like a credit card company -- to take personal property other than cash.

If things do progress in that direction, however, a bankruptcy filing on your part would allow you a car allowance under state law and your car would be most likely exempt from any type of seizure.

Good luck and please feel free to follow-up.

AK