Legal Question in Credit and Debt Law in Maine
can they take my things
if an unsecured credit card sues me and wins, can they take my personal posetions or just attach my wages?
1 Answer from Attorneys
Re: can they take my things
Once a judgment is obtained by any creditor, they can request a follow up proceding known as a "disclosure". In that hearing a Judge will take testimony and documents to determine what the reasonable living expenses are, and what the debtor's income is and assets are. A certain level of basic consumer-type assets are exempt like clothes, basic household items including electronics, as well as a certain amount of income based on a formula that is too complicated to put in this email. There are other exemptions as well such as $5000 in equity in a car. The Judge can decide to garnish wages or turnover property but only above these exemptions which protects many people and most basic possessions but not big toys like boats, extra cars, atvs, snomobiles, etc.