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Alexia Esq., Managing Attorney
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im tryin to find out what can i do if a company is takin me

Resolved Question:

im tryin to find out what can i do if a company is takin me to court to put a lein on my vehicle and how will it affect me if it goes through

Submitted: 12 months ago.
Category: Legal
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Expert:  Alexia Esq. replied 12 months ago.

Hi, thanks for your inquiry! I have been practicing law for 17+ years and have specific experience with issues similar to yours. I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top knotch answers to all of my customers. I am happy to share with you my decades of experience as I donate my time here.

Please remember to only rate my answer when you are 100% satisfied with my diligence and effort in accordance with your chosen transaction. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek.


That being said, with regard to your post:

im tryin to find out what can i do if a company is takin me to court to put a lein on my vehicle and how will it affect me if it goes through

 

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


If the lien filing is successful, the sheriff will come take your vehicle, so that it may be sold to satisfy the judgment debt. If the company has not yet sued you, it can not levy your vehicle unless that vehicle was collateral for a loan (such as the loan to buy it). That levy MAY pay off her whole debt, or may not, depending on what costs and fees are tacked on due to the need to sue and levy.

Note, that FL has an exemption for a personal vehicle:

You can ... claim an exemption of up to $1000 of the value of your vehicle under Florida law. This means that your vehicle cannot be taken to satisfy a judgment unless the value of the car, less all debts for which the vehicle is collateral, is greater than $1,000.

If a judgment creditor or sheriff takes your vehicle under an execution and its value to you is less than the value that you claimed as exempt as above described, you can apply to the court for recognition of your exemption and request the return of your vehicle. Your affidavit of exemption should be filed with the court and the sheriff. " LINK.

You can also use that $1000 car exemption combined with the $4000 general exemption, to protect your car for up to $5000 of exemption. Id.

So, depending on the above, you will either be deprived of your vehicle, or you will claim an exemption and get it back.

Any judgments against you also likely means you should take all moneys out of bank accounts - since these will likely be levied before your car - and start using money order and the like.

Good luck!

-------

I hope this clarifies and I wish you the best. Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

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Customer: replied 12 months ago.

i have been on ssi for 2 years and i am unable to work at the moment, and the ssi barely pays the bills so i didnt have enough to pay the company trying to put a lein on my car, is there anything i can request when i go to court to help me in this situation

Expert:  Alexia Esq. replied 12 months ago.

Hi again, and thank you for your follow up:

i have been on ssi for 2 years and i am unable to work at the moment, So sorry! and the ssi barely pays the bills so i didnt have enough to pay the company trying to put a lein on my car, I understand. It won't stop the ability to garnish what is otherwise legal.

is there anything i can request when i go to court to help me in this situation You may be able to request a payment plan - in fact, you can work one out with the creditor at any time, but make sure to get it in writing that if you stick to the payment plan of XX, they will NOT garnish or otherwise seek satisfaction outside of the payment plan.

And again, keep your SSI moneys OUT of your bank account. While SSI moneys can't be intercepted for regular commercial debt, your bank account CAN, and then you must petition to have it unfrozen AFTER proving it holds only your SSI moneys. A hassle - I urge you to keep money out of the bank, an put your SSI income onto the SSA's Direct Express debt card (USDirectExpress.com) - they can't touch the direct express funds, since they are not in a normal bank account.

I hope this clarifies and I wish you the best.

Please remember to only rate my answer when you are 100% satisfied with my diligence and effort, and will click a button to the RIGHT. IF you feel the need to click either of the two stars on the left, please stop and REPLY to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Alexia Esq., Managing Attorney
Category: Legal
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