The judgement was a repo I got when I retired because of illness. They got that car ,sold it , and sued me for the difference. I can't afford to pay them. I have another car , my only car, that will be paid off in Dec. 2007. Can they take that?
2006-09-03 03:17:36 · 4 answers · asked by sadie13 1 in Business & Finance ➔ Credit
Title 31. Homestead and Exemptions
Section 1
A
13. Such person's interest, not to exceed Seven Thousand Five Hundred Dollars ($7,500.00) in value, in one motor vehicle;
If your car is worth more than that, you might try to file hardship with the courts if they try to take the car.
If you can't afford a lawyer, I would suggest speaking with Legal Aid about filing for hardship. They will help you with the court paperwork and give you guidance on how to file it. They can probably give you more options on what you can do than you can find in here.
I would also suggest going to your county court clerk and getting a complete copy of your case file - be sure it also contains the process service papers. Take it with you if you go to your lawyer or Legal Aid.
If the car is in both your name and someone elses (who was not named on that repo suit), they cannot touch it.
That being said, if it is in your name only, you cannot change it now that they have the judgment. If you do, you would be hit for hiding assets.
They have 5 years to collect on the judgment. It can be renewed for another 5 years, but they have to renew it before the original 5 years is up. If they don't - they cannot collect.
I've listed the site for the Oklahoma exemption statutes. Even though it says for bankruptcy, it is the same for money judgments.
edited to add: I just noticed that you claim to have been a collection agent, so I'm sure you probably know the Okla. statutes. Sorry to post info that you probably already know so I went ahead and deleted half of what I posted - it had gotten pretty long anyway lol.
2006-09-03 22:20:47 · answer #1 · answered by echo 7 · 0⤊ 0⤋
Rules vary from state to state. You may be able to work out a repayment plan to pay off the balance owed. See if you can find a professional credit counselling service in your community. They may be able to help you, or at least give you some good advice.
2006-09-03 03:29:08 · answer #2 · answered by JetDoc 7 · 1⤊ 0⤋
I don't see how they can take it. legally it isn't yours if it's not paid for yet. I could be wrong but i don't think so. They could put a lien on it though.
2006-09-03 03:28:43 · answer #3 · answered by Anonymous · 1⤊ 0⤋
yea afraid so.sorry to say it.
2006-09-03 03:23:42 · answer #4 · answered by horseknickers 3 · 0⤊ 1⤋