Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I live in south Carolina and i have had a civil suit filed…

Customer Question
I live in south...

I live in south Carolina and i have had a civil suit filed against me by a debt collector, if this goes to court and i end up with a judgment and they want to execute the judgement can the sherriff sieze my car? spoke to a bankruptcy lawyer and he said in this state they can't take your car, not if it's the only one you have. wanting a second opinion because being a single parent of 3 and living month to month on disability in a rural area, losing my car would be catastrofic

Lawyer's Assistant: What state is this in? And how old is the car?

South Carolina, car is 2016

Lawyer's Assistant: Has anything been filed or reported?

Case was filed on 9/01 according to the courts public index but i have to yet been served

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My wife has a car that is registered in both our names because we financed it together before we separated ahe pays the loan and the insurance is that car in jeapordy because my name is ***** *****?

Submitted: 10 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
10/5/2017
Lawyer: Ely, Counselor at Law replied 10 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am very sorry to hear about this situation. If one's vehicle is worth less than $5,000, then the creditor cannot seize it if one files a bankruptcy. SC Code SECTION 15-41-30(2).

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Legal Question
Customer reply replied 10 months ago
what about my wifes car? second part of the question
Lawyer: Ely, Counselor at Law replied 10 months ago

Ah my apologies - I did not see that. If the second is in your name (even partially), I am afraid it may get liquidated unless that is the vehicle you choose to designate to be exempt.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
103,583 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

103,583 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Regarding the credit card debt collection lawsuit that has
Regarding the credit card debt collection lawsuit that has been filed against my spouse [note- my name appears on NO documents relating to this debt], I need a brief summary of debt collection actions… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am checking to make sure that a judgment was dormant and
I am checking to make sure that a judgment was dormant and could not be collected on. The info on events is here: … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
4,028 satisfied customers
I received a letter yesterday for the sheriffs office in
I received a letter yesterday for the sheriffs office in Horry county, north Myrtle beach, South Carolina. It was an execution of judgement in the amount not of $53,000, from carrier enterprises. It w… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
a debt collector has filed an injunction to prevent transfer
a debt collector has filed an injunction to prevent transfer of assets on a judgement from an old credit card bebt. what should i do? this court galveston county , tx is in july… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
If someone obtains a Judgement on me in Florida then files
If someone obtains a Judgement on me in Florida then files it in the state I live in, SC what rules on Judgements are followed? the state that granted the Judgement or the one I reside?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I recently had a judgement filed against me in South Carolina.
I recently had a judgement filed against me in South Carolina. I received a letter from the Sherriffs office asking me to state what personal property I own. I have only a car that is liened and house… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In 2008, my fiance received a loan from a credit union for
In 2008, my fiance received a loan from a credit union for a new car. Her ex's name is XXXXX XXXXX the loan, as well as the title for the new car. She's made every single payment on the car, and she h… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
foreclosurehome currently in preforeclosure.mortgage is
foreclosure home currently in preforeclosure. mortgage is currently ib my father's name. Im the tenant living in the home. I never signed anything when my father purchased it. I have communicated wih … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Hello, Jason here in South Carolina. I stopped paying for
Hello, Jason here in South Carolina. I stopped paying for around $50K in Unsecured Debt with Navy Federal Credit Union because my personal financial situation changed, and I was unable to afford the d… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hello, I received a judgement from a court in Murlles inlet,SC
Hello, I received a judgement from a court in Murlles inlet,SC A guy on E-Bay sold me a fake timeshare and took just over 6000.00 from me. I of coursed won my case and got awarded the full amount. I h… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have recieved a letter from the sherriff that they are coming
I have recieved a letter from the sherriff that they are coming to get my stuff because of a judgement. Well my wifes stuff for a judgement for her. I am soppoesed to file the whats exempt form. Can I… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,256 satisfied customers
My husband has couple judgements that will not go away. The
My husband has couple judgements that will not go away. The 1 judgement from 14years ago, lol. the sherriff came yesterday with a RIGHT TO EXECUSION letter, i need to know asap, should he go bankrupt?… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Hi, i am in the processof being sued by Capitol One through
Hi, i am in the processof being sued by Capitol One through a third party. The balance is about $8000. I just purchased a car in my sister's name to avoid it being taken away in any judgement. Now we … read more
Steinlaw
Steinlaw
Attorney/Principal
JD
1,704 satisfied customers
I have a question about unsecured debt from Capitol One that
I have a question about unsecured debt from Capitol One that was sold to a debt collector. They sent me a letter of Affadavit for Time Spent for pre-suit review. I just bought a car, put it in my sist… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I have 2 homes 1 in south Carolina 1 in Maryland.My wife and
I have 2 homes 1 in south Carolina 1 in Maryland.My wife and I have been separated for 1 year 2 months pending a divorce, she is living in the home in south Carolina and I in Maryland. We have both ju… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
We are being sued by a Credit Union for a loan that came out
We are being sued by a Credit Union for a loan that came out of a bankruptcy that was cancelled. The amount is a little over $5000.00. We would like to know what they could rule against us. Our furnit… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Sir I live in so car and my Q is if a judgement is levied against
Sir I live in so car and my Q is if a judgement is levied against me thru the local court and I can't pay the the judgement will a lien be placed on my real estate ( my home ) until I pay the judgemen… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
If you have a judgement against you and a Sheriff comes to ...
If you have a judgement against you and a Sheriff comes to your door with a notice to sieze your personal property and or vehicles,can they sieze vehicles with liens on them?… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x