I have a judgement agasinst me from a collection company for credit card debt. They tried to sieze money from my checking account but there isn't anything there.
I'm sixsty two years old and haven't been able to find a job in three years so my credit is already shot.
Can they seize my car?
Will bankruptcy negate the judgement?
2 Answers from Attorneys
Unless the debt was secured by your automobile, the judgment creditor will not likely be able to seize your vehicle. They may be able to bring you to court (called a Hearing In Aid) to have you tell them under oath about what assets you have. From that information they may be able to find a way to get their money.
If you file for bankruptcy, it will stop any collection actions, at least temporarily. If the debt is discharged in the bankruptcy, the creditor cannot try to collect in in the future.
Unless the debt you owe was secured by your car the credit card company would find it difficult, if not impossible, to ever be able to take your car. Also, it is a common misconception that a judgement cannot be discharged in bankruptcy. Bankruptcy can and often does discharge judgments.
However, for me to give you a thorough answer I would want to learn a little more about your situation. If you would like to talk more about your situation please contact me at (785)274-9040 or you can email me from my office's contact page at www.kansasjustice.com/bankruptcy. The consultation would be completely free.
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