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Question

i need to go to a debtors exam is there a chance i might loose my auto?

Submitted: 69 days and 7 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

State/Country relating to Question: Oregon

Already Tried:
you are my first contact i paid $5'000 for the car have made6 payments on it so far i use the car for work so is there a chance i can keep it?

Accepted Answer

The purpose of the debtor's exam is to discover what assets you may have that the judgment creditor can go after to satisfy the debt. What exactly the creditor can go after is determined by state law. Your state does not appear in your question, so it's hard to give you specifics.

 

However, an asset such as a vehicle is vulnerable. Creditors first like to go after bank accounts that have cash in them and wages. They will then go after personal assets such as vehicles. However, if you have a loan on your vehicle, it is unlikely that they will go after it, unless its value is considerably more than the loan (which is rare).

 

Under state law, you can likely "exempt" certain assets up to a certain amount. For example, most states allow you to protect a certain value, typically around $1,000, in things like tools and jewelry or cash.

 

So, your car is vulnerable, but would be a low priority for a creditor unless it is worth a lot more than any outstanding loan.

 

 

Please let me know, if you have follow-up questions.

 

The information is provided for discussion and entertainment purposes only. I believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading, accepting, and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. It is understood that by posting to this site, your information is made public and no attorney-client confidence is created or possible.

 

In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

 

I appreciate your "Accepting" my answer if it has been helpful to you. Doing so allows me to continue helping in this manner. Thank you.

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Expert: J.Hazelbaker
Pos. Feedback: 100.0 %
Accepts: 
Answered: 9/14/2009

Attorney

Attorney and small business owner with 8 years experience in the general practice of law.

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