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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: 7 months ago.Category: Legal
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Answered in 3 minutes by:
10/5/2017
Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,550
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.

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Customer reply replied 7 months ago
what about my wifes car? second part of the question
Lawyer: Ely, Counselor at Law replied 7 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!"

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