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VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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live in fla. I took my name off auto after judgement on me.The

Resolved Question:

live in fla. I took my name off auto after judgement on me.The judge ruled that we have reregister car back to mr. and or mrs. I assume they can take car and sell at auction. Is that correct. Also is my wife entitled to any money? Assume car was 50 50 ownership.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.



I will be happy to assist you. If the Judge avoided the transfer of title to remove your name and has ordered that you retitle the car into "Mr. and/or Mrs." then a creditor with a judgment against you can file for a writ of execution to get the vehicle.


Once they have the properly issued writ of execution they can ask that the Sheriff seize the vehicle, sell it at auction and apply the proceeds towards the judgment.


However, you do have some recourse. In Florida we have a $1,000.00 exemption for vehicles, so they would have to give you at least $1,000.00 from the forced sale. To claim the exemption you must file an affidavit with the Court describing the exemption and your claim to it. Your affidavit must also be sent to the judgment creditor and any attorney for the judgment creditor. The judgment creditor has five business days to challenge your exemption. A court hearing needs to be scheduled in order for the Court to consider stopping the execution, or having your exempt property returned to you. Notice of the hearing must be given to the judgment creditor, and the creditor might contest your claim.


Your Wife, who has an ownership interest in the property may also contest the execution. She does have the right to protect her interest in jointly held property. The same procedure would apply, send an affidavit showing that the car is jointly held and assert 50% ownership. How the Judge would rule on this is unknown, but it is likely that they would not be able to keep 100% of the proceeds from the sale of the car.

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