Login|Contact Us
Question and Answer

Legal

Ask a Lawyer, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I have several judgements against me totaling more tan 300K

 

Customer Question

I have several judgements against me totaling more tan 300K from a business I owned 2 1/2 years ago. My question is if I go buy a new car and pay cash for it am I at risk of someone coming and taking my car or putting a title lien against it? If so what are the chances of it actually happening?

Thanks,
Clayton

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Submitted: 295 days and 7 hours ago.
Category: Legal
Value: $58
Status: CLOSED
Picture
Expert:  Lady Themis replied 295 days and 7 hours ago.

Thank you for your question.

Assuming the debts are against you personally, yes, your vehicle can be at risk. However, there are certain assets that can be exempt from levy on a judgment. Under the California Code of Civil Procedure Section 704.010, a motor vehicle's equity is exempt up to $2,300. Here is a link to the statute:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=704.010-704.210

If the vehicle is worth more than $2,300 (using something like NADA guides to determine value), a creditor may attempt to seize it. Creditors can consult the DMV records from time to time to determine your ownership interests in vehicles.

I hope this answers your question. Please reply if you need additional follow-up.

Customer replied 295 days and 6 hours ago.

If I buy an expensive car what are the chances of this actually happening?

Thanks,
Clayton

Picture
Expert:  Lady Themis replied 295 days and 6 hours ago.

The more expensive the car, the better chance the creditor has at recouping some of its judgment monies, and the more likely the creditor would spend the time and energy on levying the vehicle.

Customer replied 295 days and 6 hours ago.

All of these judgements are in my name only and got them before I got married. I'm I safe putting the car in my wifes name?

Picture
Expert:  Lady Themis replied 295 days and 6 hours ago.

Debts incurred prior to the marriage are your separate debts, and your spouse cannot be held liable even though you live in a community property state. However, if you own property jointly, that property can be levied for your separate debts. Your wife's separate property cannot be attacked for your pre-marital separate debts.

Customer replied 295 days and 6 hours ago.

So any property my wife buys now (house,car) or owned before our marriage can't be taken or levied in anyway because of my debts?


Thanks so much,
Clayton

Accepted Answer

Picture
Expert:  Lady Themis replied 295 days and 6 hours ago.

No, not as long as her assets are not commingled with community property. The community estate and quasi-community property is liable for debts incurred by either spouse during or prior to the marriage. The spouse's separate property is not liable for the spouse's pre-marital debts. See Family Code Section 913:

http://law.onecle.com/california/family/913.html

Expert TypeLawyer
Category: Legal
Pos. Feedback: 96.5 %
Accepts: 2828
Answered: 6/19/2012

Experience: General practice experience in many areas of law

Ask this Expert a Question >
 
Tweet

16 Lawyers are Online Right Now

Ask Your Question Now
Legal Questions Date Submitted
hello again. I need some additional input concerning how best 4/10/2013
Hello I helped my boyfriend financially to clear up some 4/10/2013
I have been employed for 16 years with a major Mass based co 4/10/2013
I was injured at work in a fall from a piece of heavy eqipment3/21/13. 4/10/2013
im being sued by a person from paypal. She sold a conterfeit 4/10/2013
Today when I attempted to file my taxes, I was surprised to 4/10/2013
I have an LLC which currently, in addition to the services 4/10/2013
I went to the hospital because I overdosed on Advil. All I 4/10/2013
My 17 year old daughter has a friend that will be graduating 4/10/2013
I signed a Roofer's General Contractor's Insurance Claim Assistance 4/10/2013
RSS
Next 10 >
Ask A Lawyer
Type Your Legal Question Here...
characters left:

Top Legal Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Legal

  • Quit Claim Deed Related Questions
  • Warranty Deed Questions
  • Zoning Law Questions
  • Credit Report Questions
  • Automatic Stay Questions
  • Gender Discrimination Questions
  • Insanity Defense Questions
  • Arson Questions
  • Bait and Switch Questions
  • Mortgage Fraud Questions
All Legal Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
216 Lawyers are Online Now
Type Your Legal Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC