Legal Question in Credit and Debt Law in Florida

recently i had a judgement placed against me for $7000. in crdt card debt thats with int and fees. My husband and I have a automobile that is in both our names his first then mine. We owe $6000. still for this vechile and make car payments to the bank. the car is a 2005 and worth about the same as what we owe for it. The credit card was solely in my name and the judgement as well. Will they be able to take our car. This is the only thing we own besides our home thats worth anything.


Asked on 7/29/09, 1:23 pm

1 Answer from Attorneys
Steven Meyer CPLS, P.A.

If the judgment is only against you and not your husband, then the credit card company can only attempt to seize assets that belong to you. Anything that you own jointly with your husband, such as this car, is exempt. The credit card company cannot touch it. Even if they could take the car, you have no equity in the car, so they probably would not bother to take it. If you own any other item jointly with someone other than your husband, then the credit card company might be able to take that item and sell it at an auction to the highest bidder. The other person would get half of the proceeds and the credit card company would keep the other half and apply it to the judgment. You may have other exemptions, however, that render it impossible for the credit card company to take certain items of property that you own.

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Answered on 8/02/09, 2:41 pm


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