Hi. Recently I was sued by Capital One for about $1400. They won a default judgement. I currently own a 2000 Cadillac Deville DTS in fair condition Worth $2100-2400 Trade In value according to kelly Blue Book. Its the only thing I own as I currently live at home with parents. I am currently Unemployed & seeking employment. I may have a job very soon as the interviews have been going very well, which is why I dont want to yet file for bankruptcy. (I have other accounts in collection with total debt getting close to about 5,000, but the other collection agencies have not sued me yet.. ) However, I currently have 38 cents in my bank account. I live In Georgia, I have been asked to come into court tomorrow which i believe is for a debtor exam. Can They take my car? Or Is it some how exempt? Do I have to apply for bankruptcy to be exempt? Or am I exempt automatically? How much time will I have? Am I judgement proof? Please Provide me with any information you can. I have searched the internet for a clear answer, but there always seems to be conflicting answers.
1 Answer from Attorneys
They can levy on the car. They can also wait, let the judgment accrue interest and do a garnishment later on bank accounts and wages. $6000 of debt is a rather small amount to have to file bankruptcy, but that would be an option. The important thing is to avoid "internet advice" and see a lawyer to weigh options, BEFORE the next court date.
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