Legal Question in Bankruptcy in California

assets at risk (auto)

I am in a position that I am judgement proof. The only asset that i have is my 2004 toyta truck which is paid for and I own the title.

Can my crediters take this asset?


Asked on 6/19/09, 12:15 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: assets at risk (auto)

California has laws that do protect certain assets from being levied by creditors to satisfy judgments. It would take a review of your entire financial situation to make a determination that your truck can be protected, as I have no idea if your truck is worth $3,000 or $15,000, or what other assets you own. Its all about how much its worth, and whether you can avail yourself of the exemption laws to protect the asset. Also remember that these exemptions are not automatic. If a creditor seeks to levy against your truck, you have to assert a claim of exemption, or they will be able to take the truck free & clear of your interest in it.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/19/09, 12:07 pm


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