Legal Question in Credit and Debt Law in Florida

can credit card co take my car

If I have a car that I am financing and paying on, can an unsecured credit card co. get a judgement in court and take my car which is being financed by somebody else and if so, then who pays the bank that is financing the car? Am I responsible for paying off a car I don't have any more?


Asked on 8/17/07, 10:55 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: can credit card co take my car

Very unlikely. The credit card co is not in the business of repossessing automobiles. The extra work it takes for them to manage something like that is way more hassle to them than it's worth.

However, if you had a finance agreement with a lender, and the lender financed the purchase of your car, and the car was repo'd - you'd still be liable for payments on the finance agreement even thouh you no longer had physical possession of the car.

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Answered on 8/17/07, 11:04 am
Scott R. Jay Law Offices of Scott R. Jay

Re: can credit card co take my 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.

Yes, they can take the car but it is unlikely as they usually do not want to take vehicles where they cannot get a clear title. An exception might be if there is only a small balance on the loan for the car and the creditor decides that there is plenty of equity in the vehicle to make it worth taking and paying off the lendor which they must do in order to get a clear title.

Scott R. Jay, Esq.

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Answered on 8/17/07, 11:13 am


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