Can they take my Car

[CynnCynn01]

What is the name of your state? OR
Yesterday I asked about our checking account being garnished. That happened on Friday and today (Saturday) we received a notice of garnishment. This is against my husband and his company credit card.
What I’m wondering is... are they able to take his truck away - its in his name and are the able to take our RV away -its in both of our names and we do owe money on the RV.

[Chien]

You can exempt up to $1,700 of the value of the truck. I'm not sure if Oregon is a community property state but, if it isn't, you'd have to persuade them that the RV is a mobile home to get any significant exemption. Exemptions are listed in Ch. 18 of Oregon Revised Statutes, and you can find that here, if anything else comes up.
[URL]http://www.leg.state.or.us/ors/018.html[/URL]

[zippysgoddess]

I have no idea what Chien is talking about since you aren't speaking of a bankruptcy filing. But yes, they can put a lien on those assets if they wish, and they aren't exempt in your state as long as it has his name on them. Doesn't matter if yours is on them, too.

[Chien]

If I confused zippysgoddess, I probably confused you. I didn't try to do either.

When you ask "are they able to take his truck away", I take that to mean "are they able to conduct a 'seize and sell' of the truck"? The answer to that is yes. If you were asking something else, please clarify.

Unless you're in bankruptcy, bankruptcy considerations are not important to the answer, because you're enitlted to state-established exmptions, not federal exemptions (see O.R.S. 18.300) In my opinion, judgment liens are not important, if your question is "can the truck be got and gone?" Hypothetically, yes.

To allay confusion, I'm just going to focus on the truck (and not drill down into issues about title held jointly, tracing funds and whether yours is a community property state - it isn't; I checked). If there's confusion after, you can post questions.

Your "sister post", [URL]http://forum.freeadvice.com/showthread.php?t=291808[/URL] identified the judgment as being against your spouse. This post identifies the truck as being in his name. If they wanted to go after the truck - say because it's the only identifiable asset - they can. The judgment gives them the right to take and dispose of personal property. They direct the sheriff/marshal to take the truck into custody and advertise it for sale. For that to make economic sense, they should know in advance that what they will realize from the sale is greater than (1) the cost of conducting the "seize and sell" + (2) anything owed on the truck to a financing company + (3) $1,700. To complete the sale, the financing company must be paid off. You're entitled to exempt $1,700 in value and the cost of sale must be covered. If they can't get more than the sum of 1, 2 and 3, it's a dumb decision in the first place, but that's not what you asked.

That kind of enforcement is commonly called a seize and sell, and it can be done with any kind of non-exempt personal property. The same economic considerations apply.

I suggested that you review the Oregon exemption statutes. If there are questions about this hypothetical with the truck, see O.R.S. 18.345(1)(d) and 18.345(2) and post any further questions.