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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2506
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I have been contacted by a debt collector attempting to collect

Resolved Question:

I have been contacted by a debt collector attempting to collect a debt from an old credit card which I cannot pay. They obviously bought the debt from the credit card company.
My question is what can they do? I do not own a home but I do have the title to my car which I jointly own with my son.
Can they take my car in payment towards the debt?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

First they can collect and call you. Then they can sue you if you don't pay. If they get a judgment, then they can freeze your bank accounts and get the money that way, and they can put a lien on your home to secure the debt. They can garnish wages to collect as well.

Terry L. :

They can also go after him, his paycheck, his bank account etc.

Terry L. :

A bankruptcy would stop the collection for whomever files, but the cosigner is still liable.

Terry L. :

Let me know if you have any questions.

Terry L. :

Thanks

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2506
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

As I said I do not own a home, I rent. I do not have any wages, only Social Security benefits, and a small amount of savings. I do not have a husband so there is no income there to garnish.


You did not answer the question regarding my car, could they touch it if is jointly owned? and would it beneficial for me to file bankruptcy?


 


Thanks.

Expert:  Terry L. replied 1 year ago.
A creditor, if they get judgment, can put a lien against any non-exempt asset you own. If you have a jointly owned car, they can put a lien against your 1/2 if they wanted to. At the citation hearing, you can tell the court you wish to use any applicable exemption statute to protect your assets.

So, in your fact pattern, they can call to collect. If they sue and get judgment, they can freeze your bank account, seize your tax refund, and put a lien on any un-exempted assets you own.

Bankruptcy can make these issues a non-factor. it will eliminate the debt, and give you peace of mind.

Let me know if you have any other bankruptcy questions.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2506
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 4 other Bankruptcy Law Specialists are ready to help you

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