• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

credit card co. judgement, car & equity

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TinkerBelleLuvr

Senior Member
What if the two parties are NOT married? There was another thread where the young lady and her cousin had both their names on it.

On another note, is there an order that monies are distributed? The oldest loan? The judgment? Just trying to understand here.
 


annajosie

Member
Ginny, from what I read, in Florida, if a married couple are both on the car title and the judgement is against just one of the parties, then the car cannot be touched. I honestly don't know how it would work if 2 people were on the title and they were not married.

In the case of who goes first to get their money, I would assume that whoever has a judgement and goes after the debtor first, gets their assets (if there are any). If the debtor does not have any assets, then the judgement creditors get nothing.

If a debtor wants to protect themselves, they can always file chapter 7 if they qualify for it. I personally do not feel that it is appropriate to refer to a debtor as a "deadbeat debtor" as was done in a previous post (not yours). A person can fall into debt for many reasons and to assume that a person is a "deadbeat" because they have perhaps fallen on hard times, is a very poor judgement call. The other side of the coin would be to assume that all creditors and debt collectors are "bottom feeders".
 

JETX

Senior Member
The "lienholder" is the owner actually.
Legal idiot....

Having a lien on an item does NOT make the lienholder the owner!!
If what you are saying was true.... a plumber who claims to be unpaid and files a mechanics lien on a property... becomes the owner??
Of maybe the mortgage company, that loans on a property is the real owner??

Your stupidity is incredible.... and dangerous to anyone who, in their own ignorance, believes your crap.

lienor
n. a person who holds a lien on another's property or funds.

lien
n. any official claim or charge against property or funds for payment of a debt or an amount owed for services rendered. A lien is usually a formal document signed by the party to whom money is owed and sometimes by the debtor who agrees to the amount due. A lien carries with it the right to sell property, if necessary, to obtain the money. There are numerous types of liens including: a mechanic's lien against the real property upon which a workman, contractor or supplier has provided work or materials, an attorney's lien for fees to be paid from funds recovered by his/her efforts, a medical lien for medical bills to be paid from funds recovered for an injury, a landlord's lien against a tenant's property for unpaid rent or damages, a tax lien to enforce the government's claim of unpaid taxes, or the security agreement (UCC-1) authorized by the Uniform Commercial Code. Most liens are enforceable in the order in which they were recorded or filed (in the case of security agreements), except tax liens, which have priority over the private citizen's claim.

you see, the car is the colleteral for the loan. They own and hold the title until the car is paid for. The borrower is just allowed to drive it while making payments. The lienholder may have the car repo'd if payments stop. That doesn't mean that ANYONE a debtor owes money to can just repo the car for their use and debt relief...only the actual owner of the title (lienholder).
Go back to cooking those fries at McDonalds.... or at least finish high school.

Show me with factual evidence in writing where it says that a car may be taken and sold by someone other than who is listed on the title?
Come by my office anytime you like.... and I will show you about 100 case files.
Now, you provide ANYTHING to support your crap-filled post.

By the way...you are wrong again concerning spouses. In non-community property states, the spouse if not listed on the judgment may protect their assets from being taken.
And even more ignorance...
If a spouse is not named on the judgment (in non-communal state) there is no right to seize.... therefore no need for the spouse to claim an exemption.. so your "may protect" is 110% WRONG!!
Do the forum a favor and leave. Your legal ignorance on a legal advice forum is a hazard to those pursuing legally ACCURATE information.

Any property that is jointly held may be protected...not double exemption, but total exemption.
Again... not true. Some states allow a double exemption for jointly owned property, some states prohibit ANY seizure of jointly held property... some allow the non-named spouse to claim only his/her exemption percentage of ownership.
Example, jointly held bank account where the seized funds are found (by motion for exemption hearing by non-named spouse) to have been 60% deposited by named debtor and 40% by non-named spouse, it is not uncommon for the court to return the exempt spouse' funds.
 
lien
n. A lien carries with it the right to sell property, if necessary, to obtain the money.
..

Pretty much what I meant. Sorry if you are not educated and need lil pictures to help you read better....I was talking in general. The LIEN HOLDER, while not actually living in it, OWNS the rights if the obligations are not met. Who is talking about plumbers...no one cares what your dad does for a living.

Go back to cooking those fries at McDonalds.... or at least finish high school..
What an imbecile. Such childish remarks. Grow up.

Come by my office anytime you like.... and I will show you about 100 case files.
Now, you provide ANYTHING to support your crap-filled post..
Stop by my Burger Lair and I will show you mine....
http://myfloridalegal.com/ago.nsf/Opinions/F2951ECA9093109B85257066004C895B

And even more ignorance...
If a spouse is not named on the judgment (in non-communal state) there is no right to seize.... therefore no need for the spouse to claim an exemption.. so your "may protect" is 110% WRONG!!.

YOUR PERSONAL PROPERTY
The Florida Constitution gives you the right to exempt up to $1,000 in personal property from confiscation by a creditor. Unless the judgment creditor has a lien or security interest in this property, this constitutional exemption allows you to protect up to $1,000 worth of your property from execution or attachment. This $1,000 can include wages and money held in a bank account. If you own more than $1,000 worth of personal property, you can choose which property to protect. If the judgment is only against you and not your spouse, your spouse is entitled to protect his or her interest in the property. Property that is held by a husband and wife as tenants by the entireties cannot be divided and thus is not subject to the claims of creditors of the husband or wife individually. The judgment debtor and/or the debtor's spouse must file an affidavit with the court and the sheriff to obtain the exemption and protect the property from the judgment creditor.

So I guess you are 120% WRONG**************

Do the forum a favor and leave. Your legal ignorance on a legal advice forum is a hazard to those pursuing legally ACCURATE information..

Odd....I was thinking the same thing about you....:rolleyes:

Again... not true. Some states allow a double exemption for jointly owned property, some states prohibit ANY seizure of jointly held property... some allow the non-named spouse to claim only his/her exemption percentage of ownership.
Example, jointly held bank account where the seized funds are found (by motion for exemption hearing by non-named spouse) to have been 60% deposited by named debtor and 40% by non-named spouse, it is not uncommon for the court to return the exempt spouse' funds.

Brush up om our state's laws. I believe I know mine better than you think you do. Go on believing the garbage you preach...at least someone will then....lol

http://myfloridalegal.com/ago.nsf/Opinions/F2951ECA9093109B85257066004C895B
 
Last edited:

JETX

Senior Member
Pretty much what I meant. Sorry if you are not educated and need lil pictures to help you read better....I was talking in general. The LIEN HOLDER, while not actually living in it, OWNS the rights if the obligations are not met.
Gee.... now that I have proven you wrong... your response is that is "what you meant to say'!!

And you claim a lienholder "while not actually living in it"?? We are talking about a vehicle. I guess that means you live IN your car.... probably up on blocks sitting behind a dumpster at that McDonald's.... so you can walk to work??

Your link is for REAL property. A vehicle is NOT real property.
 
And you claim a lienholder "while not actually living in it"?? We are talking about a vehicle.

Your link is for REAL property. A vehicle is NOT real property.
ok...for mortgage lender...live in, car loan lender...drive in, etc etc.....i think we can figure out the difference. Maybe you can't.

gee, you were the one talking about a plumber and a mortgage lender. You keep changing the story around here. Next you will tell us about the nights you were left unsupervised while mom walked the streets looking for the next day's food and rent.

Are we a bit slow retarded or both. Make up your mind. Yes, the OP was talking about a car. You feel the need to drift off subject and continue to post attacks instead of offer help...just like a few others here. Instead of giving any helpful advice, you feel the need to attack any other advice. Your advice (in your lil bitty mind) is always right. Do you need everyone to bow down and agree with you. I offer mine. Whether you feel it is right, isn't for you to decide. You seem to think that you must make silly childish remarks about my employment, yet I will guarantee you that my reported yearly net income is far more than yours. Does it make you feel better thinking I actually work or live behind a McD's? I bet you get a chuckle every time you say it. Well, don't let me deprive you of your only true enjoyment. The fact is you have no idea about anything. So why don't you get back on track and quit your pity lil game of insults. The OP would probably appreciate it and the rest of the people here as well.
 

annajosie

Member
I found out info about the car and judgement

Hi, I talked to an attorney here in Florida that specializing in debt collection.

He said that an unsecured creditor cannot touch your car at all until they first file a suit, get a judgement and then would have to file to have your car sold at a public sale by the sheriff.

Any sale would be subject to the prior lien and thus would be of little interest to anyone unless it was virtually debt free.

He also said that unsecured creditors sometimes try to scare the debtor with these false threats and if they do, you can speak to an attorney who handles Fair Debt Collection Practices Act cases.

So the bottom line is that the ORIGINAL LENDER HAS TO BE PAID AND IT COMES OUT OF THE PROCEEDS OF A PUBLIC SALE. So an unsecured creditor would have to be a complete idiot to take a car with little equity and try to sell it. He would be left with NOTHING.
 
Hi, I talked to an attorney here in Florida that specializing in debt collection.

He said that an unsecured creditor cannot touch your car at all until they first file a suit, get a judgement and then would have to file to have your car sold at a public sale by the sheriff.

Any sale would be subject to the prior lien and thus would be of little interest to anyone unless it was virtually debt free.

He also said that unsecured creditors sometimes try to scare the debtor with these false threats and if they do, you can speak to an attorney who handles Fair Debt Collection Practices Act cases.

So the bottom line is that the ORIGINAL LENDER HAS TO BE PAID AND IT COMES OUT OF THE PROCEEDS OF A PUBLIC SALE. So an unsecured creditor would have to be a complete idiot to take a car with little equity and try to sell it. He would be left with NOTHING.
I totally agree and have thought it was the case. JESTER might still disagree (inserting all of his vast knowledge) and come up with some more dumpster diving excuse about his plumber dad or street walker mom. I guess it really sucks being an abandoned child raised by back alley rodents.

thanks for the update. I am sure the OP will feel better now (if he wasn't scared off by JEST). I have to tell you, I at first wondered if they could take my truck that is jointly owned, but even if it wasn't, they would be crazy to take a new truck that doesn't have much equity on it yet....

For him to think we were stupid as he is, to believe that a creditor could take a secured loan car to satisfy their judgment over the original lien holder was 110% crazy.
 
Last edited:

JustAPal00

Senior Member
I don't think they can take the car!

No. Your 'deal' with the lender is still yours. You would be liable for any shortage.
Wrong!


HUH?? How do you have an income from your home?? Do you mean you have a reverse mortgage??
I think the OP is refering to the SS as the only income.


Probably not.... since the vehicle would be sold at auction (usually for less than 50% of its book value).
Wrong!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top