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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31682
Experience:  JD, BBA Over 25 years legal and business experience.
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We are having a voluntary repossession of 2 vehicles due to

Customer Question

We are having a voluntary repossession of 2 vehicles due to -$34k/yr in wages. We have tried to sell outright etc we are too upside down with loan to value ratio.

We own a $7k mobile home as a primary residence, and 2 cars we bought for $2k each as there is no public transportation here.

Finally, the 3 above mentioned assets are in both my wife's and my name. The 2 repossed are just in her name.

Can they take our cars or home in Florida?
Submitted: 12 months ago.
Category: Legal
Expert:  Tina replied 12 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Has the company indicated they intend to file suit against you for the balance owed on the loans?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 12 months ago.

Thank you tina,


No, we just called today for the voluntary repossession but of course got an ear full that they can place a lien on our mobile home and car.


 


More details - I was a captain in Public Safety @ $28hr, wife AA @$12/hr when we secured the loans. I had to leave my job due to a back injury (non-work related) that kept me from passing the physicals. We relocated for a fresh start. We only secured jobs (me-$10/hrx30hrs wk) and Wife $9/hr-40hrs/wk). So you see we can in no way pay our loans. I bought a place for $7k in cash to have a place to live cause we couldn't afford rent anywhere and bought this $2k car. We're worried their going to take our home and car and we'll be left out.

Expert:  Tina replied 12 months ago.

I see. Thank you very much for providing this additional information, Ryan.

First, they cannot place liens on anything until they obtain a judgment against you in court typically, so that is a critical step and takes time and money to obtain.

In addition, FL law does permit a judgment debtor to exempt the home they live in from attachment or seizure, so the creditor cannot take that.

However, state law only provides a $1,000 exemption for one vehicle, so a second vehicle could be taken and the first vehicle could be seized if it's value is over this amount.

Wages may also be garnished but the garnishment cannot exceed more than 25% of your net wages or the amount that you take home that is more than 30 times the federal minimum wage per week, whichever is less.

Here is a link which summarizes the law:

http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/f1bc20015cfdb2e985257408005290ed!OpenDocument

If the creditor does pursue a judgment against you by filing suit, you may wish to consider filing for bankruptcy to discharge the debt as well as any other unsecured debts you may have. That would typically prevent the creditors from attaching or seizing any of your property or earnings.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 12 months ago.

one further clarification please.


 


It is a mobile home (owned) on a rented lot in Florida. Is this considered my "home" or is it considered like a vehicle and can be taken if assessed >$1000. From what I read from the link above I don't know how it is classified. It is our primary residence and considering we can't afford rent anywhere (3br, cause we have 4 children) I'm just worried about it because of its classification. It has a garage that has been built on it so it is definately not movable anymore.

Expert:  Tina replied 12 months ago.
Hello again, Ryan.

For purposes of the exemption, it would typically be classified as your primary residence and be exempt from attachment even though it is a mobile home.

Here is a link which provides information on how to claim the exemption for a mobile home:

http://www.ccappraiser.com/exemption.asp

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31682
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 23 other Legal Specialists are ready to help you
Expert:  Tina replied 12 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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