Legal Question in Credit and Debt Law in Texas
protecting property from debt collection
In 2003 I was purchasing a 2001 truck that broke down and needed extensive repairs. I was told by the business from whom I had bought the truck that the repairs would not be covered by the waranty be cause the problems were caused by my having neglected to give the care proper care. I was unable to pay for repair and retrieval of the truck and therefore the creditors confiscated and sold the truck. I was convicted of a possesion of controlled substance charge and in October 2003, and sentenced to a two year term of incarceration. I was released on October 2005, after having completed my sentence, and voluntary drug rehabilitation. With God's help I am continuing to try to rebuild my life, but as of yet I have not found employment. I live with my brother and sister-in-law after having lost my home and everything I owned except my car. Today I was srve with a court summons to repay the creditors over $13.000 for the repossed truck. What can I do to protect the car I own from being taken and to dispose of, or postpone action on legal action regarding this collection attempt
1 Answer from Attorneys
Re: protecting property from debt collection
Don't worry about the car you own. The creditors are not going to take it. It's property exempt from seizure and they can't make you sell it. They will probably wind up getting a judgment and effecting your credit adversely. If you can live with that -- OK.