Possible Judjement, Can they take car

[Degatide]

NC - I am 66 years old and am having problems paying my credit card bills. I am trying to work it out with the card company but am worried if I can not and it goes to collection and they get a judgement can they take my car for payment. It is a 2006 Chevy bought for me by my daughter and paid for. Titled in mine and my husbands name. My husband is disabled and I lost my part time job last Dec. Living on Social security only. Thank you.

[JETX]

Simple answer....
If they get a judgment against you, they can enforce that judgment by seizing and selling any non-exempt assets.

In your state (North Carolina), the following are NOT exempt and can be pursued:

Homestead: Homestead real or personal property, including co-op, used as residence up to $18,500. Spouse may double. Up to $5,000 of unused portion of homestead may be applied to any property.

Pensions and Retirement Benefits: Funds exempt for firefighters and rescue squad workers, legislators, law enforcement officers, municipal city and county employees, teachers and state employees. IRA exemptions for conventional, Roth, SEP and SIMPLE plans, but subject to statutory liens and consensual liens. Roth IRAs and regular IRAs up to $1,095,000 per person.

Insurance: Fraternal society benefits. Employee group life policy or proceeds.

Miscellaneous: Business partnership property.

Personal Property: Animals, crops, musical instruments, books, clothing, furnishings, household goods up to $5,000; may add $1,000 per dependent, up to $4,000 total additional. Burial plot up to $18,500 in lieu of homestead. Health aids. Motor vehicle up to $3,500. Personal injury and wrongful death recoveries for person who supported you.

Public Benefits: Unemployment compensation. Workers compensation. AFDC. Special adult assistance. Aid to blind. Crime victim's compensation.

Tools of Trade: Tools and implements up to $2,000, if not purchased within 90 days of filing.

Wages: Earned but unpaid wages received 60 days before filing for bankruptcy, needed for support.

Wild Card: $5,000 less any amount claimed for homestead or burial exemption, for any property.

[LSCAP]

I think you are referring to the laws on taxes.

This is from NC labor law


GARNISHMENTS IN NORTH CAROLINA


Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties. However, the courts of North Carolina are not permitted to order an employer to withhold wages for other types of debts such as car loans, credit card debt, and other personal debt items. While the North Carolina courts are not permitted to garnish wages based on these debts, creditors in other states may be able to get an order of garnishment under their own states’ laws. It is not a violation of the North Carolina Wage and Hour Act for an employer to withhold an employee’s wages if required to do so by law. If a court from another state issues a valid order under that state’s laws requiring an employer to withhold a North Carolina employee’s wages for payment of a debt, the employer does not violate the North Carolina Wage and Hour Act by obeying that order. For further questions regarding this particular legal issue, you will need to contact a private attorney. If you do not have an attorney or know of one to contact, you may contact the North Carolina Lawyer Referral Service at 919-677-8574 (Raleigh/Cary) or toll-free (NC only) 1-800-662-7660; web site: [url=http://www.ncbar.org/public/lrs/index.aspx]Public: Lawyer Referral Service[/url]. If you cannot afford an attorney, you may be eligible for free legal advice through a Legal Aid of North Carolina office in your area. To locate a Legal Aid office in your area, go to their web site at [url=http://www.legalaidnc.org]Legal Aid of North Carolina[/url]. If you do not have access to the internet, then you need to contact the Legal Aid of North Carolina office in Raleigh at 919-856-2564 for information on local Legal Aid offices throughout North Carolina.

[JETX]

Originally Posted by LSCAP

I think you are referring to the laws on taxes.

Nope. As it says, JUDGMENT EXEMPTIONS!!

This is from NC labor law

You need to learn how to READ. The OP asks "can they take my car for payment."
Your post has NOTHING to answer that.

Since one of my 'tasks' on this forum seems to help educate the ignorant....
Here is a link to the North Carolina General Statute detailing property exempt from JUDGMENT!!
[url]http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_1C/GS_1C-1601.pdf[/url]

[LSCAP]

Quote from
[url=http://twkerner.typepad.com/wilmington_north_carolina/2008/07/enforcing-judgm.html]Wilmington North Carolina Business Law and Litigation Attorney Blog: Enforcing Judgments In North Carolina - Wage Garnishment[/url]
Enforcing Judgments In North Carolina - Wage Garnishment
Enforcing (i.e. - collecting) unpaid judgments in North Carolina is much more difficult than in many other states. Much like Florida -- North Carolina is something of a "debtor's haven." Among the biggest hurdles is that, aside from judgments ordering child support awards, taxes, student loans, and payment for ambulance services, wage garnishment is not available to judgment creditors.

There is one narrow avenue for more typical judgment creditors to obtain wage garnishments, however. The NC Department of Labor has taken the position that if a creditor obtains a lawful garnishment order against the debtor's employer in another state, and the debtor works for the same company in North Carolina, our state courts will permit the garnishment on the same company here.

While for some companies (e.g. privately owned Wal Mart) the applicability of this rule would be obvious, what is not clear is whether franchises from a larger corporate chain such as McDonald's would also be included in this ruling, as many are held by smaller companies. Creditors - even judgment creditors - can easily run afoul of the maze of debt collection rules, both federal as well as North Carolina's much stricter laws, and find themselves on the hook for large fines and personal liability for failing to understand the many laws that apply to them.

[LSCAP]

Yes they may be able to get a judgment. But the cost and risk of breaking the complex laws of NC, make it unwise, and even for large sums, dangerous.

And, they don't allow you to add attorney's fees to the debt, so it can be costly.

[JETX]

Originally Posted by LSCAP

Enforcing Judgments In North Carolina - Wage Garnishment

This thread has absolutely NOTHING to do with GARNISHMENTS!!

I posted ACCURATE judgment exemptions, which is ON-POINT to the issue of this thread.
You then said that I was 'referring to taxes' (not) and posted about garnishments, NOT an issue of this thread.
I followed up with the ACTUAL statute listing judgment exemptions....
And yet, you still make ANOTHER post about garnishments.

I didn't think that ANYONE could be that stupid... then I saw your 'follow-up' post. Get your head out of your ass!!

[CourtClerk]

Originally Posted by LSCAP

I think you are referring to the laws on taxes.

This is from NC labor law

Labor law
How did you get to labor law?

[ecmst12]

This poster isn't even EMPLOYED! So what could wage garnishments possibly have to do with anything?

[LSCAP]

Alright already!

I’m thinking that the OP is standing in the window waiting for someone to come and get her car.
Unless the debt is especially large, it aint gonna happen.
It doesn’t pay for the Collector to take a chance of screwing up with NC laws and get penalized by NC by playing around with an actual Judgment.
It is safer to chase her for the money.

And Yes, I wasn’t thinking about her being on SS. Okay?

I forgot, for a terrible minute, That JETX “Usually,” gives very accurate answers. Painfully accurate, at times.

Should, by some miracle, the OP still be around, she could tell us how much and how many cards does she owe money to.

[JETX]

Originally Posted by LSCAP

Unless the debt is especially large, it aint gonna happen.
It doesn’t pay for the Collector to take a chance of screwing up with NC laws and get penalized by NC by playing around with an actual Judgment.

What the hell are you talking about??
Judgment creditors seize judgment debtor assets, including vehicles, all the time. The NC laws on this are not that tricky... in fact they are pretty clear and simple. READ them.
[url]http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_1/Article_28.pdf[/url]

Also, read 'Getting what is owed to you' at:
[url=http://www.aoc.state.nc.us/magistrate/small_claims.htm]North Carolina Magistrates Association - Small Claims Court[/url]

In fact, the PROCESS itself is to simple, the court even provides a form for the judgment creditor to fill out:
[url]http://www.nccourts.org/forms/Documents/246.pdf[/url]

I wish that it was that easy in ALL states!!! You should try Florida and Texas!!

[LSCAP]

[url=http://twkerner.typepad.com/wilmington_north_carolina/2008/07/enforcing-judgm.html]Wilmington North Carolina Business Law and Litigation Attorney Blog:


" Creditors - even judgment creditors - can easily run afoul of the maze of debt collection rules, both federal as well as North Carolina's much stricter laws, and find themselves on the hook for large fines and personal liability for failing to understand the many laws that apply to them."

Them's his words. Not mine.

[JETX]

Originally Posted by LSCAP

Them's his words. Not mine.

Yep... and he makes his business by 'scaring' people into using his services when they can very easily do it on their own.

The RULES to follow in NC are very simple (see my earlier post). Some collection attorney's like to use the FDCPA rules to intimidate people into becoming their clients. A judgment creditor in NC (and in several other states) simply has to make sure that they don't do anything 'weird or strange' and simply FOLLOW THE RULES.... and there is very little risk of FDCPA violations. Let the courts handle it.

[Degatide]

I owe about $26,000 on 6 seperate cards. Thank you all for your help on this matter. Much appreciated.