Legal Question in Credit and Debt Law in Florida

A creditor that sues and gets a judgment against you (such as your credit card lender) can try to collect from your property (including your car) unless that property is "exempt".

Florida law provides for a $1,000.00 exemption for your car. In addition, a judgment creditor cannot jump ahead of any lender that has an existing lien on the car, so unless there is more than $1,000.00 in "equity", as a practical matter the creditor won't get anything. That does not mean that the judgment creditor will not try.

There also may be a complicating issue if the car is titled in the names of more than one person.

The bottom line is that "yes" they can go after your car, but only after they get a judgment.

Robert Wilcox

(904) 281-0700

See more on garnishment at my web site Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.