Legal Question in Civil Litigation in New York

My car was seized

Hello and thankyou for letting ask on here. I have a civil judgement against me for a creditor I owe money to. I own a 2005 Ford car which is financed through a bank and they have a lein on it until its paid off. Can the sheriff seize my car and sell it even if there is a lein on it? It its sold at the auction that to me would think the title would be changed to the new owner and I wouldn't have to keep paying the bank. Please advise me on this. Thankyou, Pat


Asked on 8/19/06, 9:19 am

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: My car was seized

Pat:

If there is enough equity in the car to pay off the car loan and good part of creditor, it can be sold off at auction.

However, first the car company would get there $$, then any extra $$ to creditor.

So, you would not owe the car co anymore BUT you may still owe the creditor if they are not fully paid at end of auction. Plus they will tack on charges for auction fees, attorneys, etc.

Can you offer creditor a monthly payment plan?

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Answered on 8/19/06, 12:22 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: My car was seized

Yes, the car can be seized. Any judgment remains until the judgment is paid off.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 8/21/06, 11:03 am


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