Received Summons for Credit Card Debt.. Can they take my car if its paid off?

[gyno]

What is the name of your state (only U.S. law)?

CALIFORNIA


Just received a summons from Discover Card for the amount of $3,331. What should I do now?

It says my property can be taken, I own no assets other than an old car that is paid off and worth about $900. I really couldn't afford to lose that car..

The debt is legit and I have no job, no income and like I said previously the only thing I own is the older car..


Could they seize my car when they win the judgement? Any help please?

[Antigone*of*Greece]

Originally Posted by gyno

What is the name of your state (only U.S. law)?

CALIFORNIA


Just received a summons from Discover Card for the amount of $3,331. What should I do now?

It says my property can be taken, I own no assets other than an old car that is paid off and worth about $900. I really couldn't afford to lose that car..

The debt is legit and I have no job, no income and like I said previously the only thing I own is the older car..


Could they seize my car when they win the judgement? Any help please?

I highly doubt that your car is what thet are after. You may not have income now, but judgements in California stay in force for A very long time.

[gyno]

I've never dealt with something like this before.. It was left on my doorstep when I got home.

I have no idea what is going to happen, or what I should do

All I know is, I can't afford to lose my car.. Isn't there some law or something that allows you to keep one car?

[CourtClerk]

They don't want some old car that will cost them more to seize and sell than it's worth.

As for what to do, you need to go down to the courthouse and file an answer to the complaint. The answer fee is $200, but if you are unemployed, you can apply for a fee waiver. You will have to pay the waived fee back, plus an administrative charge at a later date.

[gyno]

Originally Posted by CourtClerk

They don't want some old car that will cost them more to seize and sell than it's worth.

As for what to do, you need to go down to the courthouse and file an answer to the complaint. The answer fee is $200, but if you are unemployed, you can apply for a fee waiver. You will have to pay the waived fee back, plus an administrative charge at a later date.

How long do they give you to pay the $200 back? What kind of answer do I give?

The debt was mine, so is answering it even worth it considering Im definitely going to lose the case? Whats the benefit of going through the answer process?

[gyno]

Lets say they win the judgement, isn't there a law that allows me to keep my car..

[CourtClerk]

Originally Posted by gyno

Lets say they win the judgement, isn't there a law that allows me to keep my car..

You keep focusing on this piece of junk of a car. To answer your question directly so that you can get on to the really important part NO, there is no law that lets you keep one car, however, CA gives you an exemption as to the worth of the car before they can keep the rest of the money. Your $900 is exempt under these circumstances. Since I guess that's all you care about, you can close this thread now.

Have a nice day.

[gyno]

Do you think its even worth it to go to court sir? I'm going to lose anyway right?

Whats the benefit of me going?

[debtor2008]

YOU MUST 100% answer the summons or THEY WILL AUTOMATICALLY GET a judgement against you, THEY WIN w/o even going to court.
Call the court number listed on your summons, in my state it is FREE to file
an answer to a summons/complaint.

the 3,300 is most likely including late fees, finance charges and what not, so most likely that IS NOT THE ORGINAL debt.

in your answer, dispute any and all claims. youll get a court date.
when in court
ask for a motion of discovery, ask for any and all validation/verification of accounting as to how your orginal debt accumulated to the 3300.
THIS should by you a little bit of time.

in the end if they do win against you, its called a judgement. thereafter a another hearing will be scheduled for post judgement....this is where you have to tell them any and all assests that you have. from that they will determine what they can garnish/sieze. i believe that it is true, that they MUST leave one car in the household.

for exactly whats expemt / non-exempt property in your state, google it.

again, MAKE SURE YOU 100% REPLY TO THE SUMMONS/COMPLAINT

[gyno]

I have googled it, but I dont understand it.. I dont even know what pertains to my situation and what doesn't..



Debt and Bankruptcy Laws -- California
WAGE GARNISHMENT EXEMPTION: Federal law applies.


MAXIMUM INTEREST RATE: Legal: 10% Judgment: 10% or contract rate


STATUTE OF LIMITATIONS FOR ENFORCEMENT:


Open Account (credit card): 4 years (2 yeas if not in writing)
Written Contract: 4 years
Domestic Judgment: 10 years (can be renewed at 10 years)
Foreign Judgment: 10 years


Debt Kit includes sample letters and techniques for dealing with debt collectors


BAD CHECK LAW DAMAGES


Amount owed plus treble (3 times) damages [minimum $100 and maximum $1500]


PROPERTY EXEMPTIONS IN BANKRUPTCY


(California Code of Civil Procedure) You cannot use the federal exemptions, but you can use the federal non-bankruptcy exemptions. California is the only state with two options [pick the one that allows you to keep the most property] --


California -- Option 1:


Real estate: Real property, mobile home, co-op, or condo to $50,000 if single and not disabled; $75,000 for families if no other member has a homestead; up to $125,000 if 65 or older or disabled or $100,000 if 55 or older, single and earn under $15,000 and creditors trying to force the sale of your home; or 55 or older, married, earning less than $20,000 and creditors trying to force the sale of your home; proceeds from sale of home are exempt for six months [704.710, 704.720 and 704.730]
Personal property: Furnishings, clothing, appliances and food (amount needed) [704.020]; bank deposits from social security to $2,000 ($3,000 if married) [704.080]; building materials for home improvement up to $2,000 [704.030]; jewelry, heirlooms and art up to $5,000 total [704.040]; motor vehicles or auto insurance proceeds on vehicle to $1,900 [704.010]; personal injury claims or recoveries, amount needed for support [704.140]; wrongful death causes of action or recovery, amount needed for support [704.140]; books, equipment, furnishings, materials, motor vehicle (if not claimed otherwise), tools, uniforms, and vessel up to $5,000 total (married couples may double to $10,000) [704.060]
Insurance / Annuities: Disability or health benefits, unlimited amount [704.130]; life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [Insurance 1017]; fidelity bonds, unlimited amount [Labor 404]; matured life insurance benefits, amount needed for support [704.100(c); fraternal unemployment benefits, unlimited amount [704.120]; homeowner's insurance proceeds up to six months after receipt and up to real estate exemption amount [704.720(b)]; unmatured life insurance policy loan value up to $8,000 if single, married couples can double [704.100(b)]
Pensions / Retirement Plans: Public and Private retirement benefits, IRAs & Keoghs, unlimited amount [704.110, 704.115]; public employees, public retirement benefits [Government 21201]; county employees, firefighters, police officers, unlimited amount [Government 31452, 31913 and 32210]
Public Benefits / Entitlements: Union benefits due to labor dispute, unlimited amount [704.120(b)(5)]; workers' compensation, unlimited amount [704.160]; aid to blind, aged, disabled, and families with dependent children, unlimited amount [704.170]; financial aid to students, unlimited amount [704.180]; unemployment benefits, unlimited amount [704.120]; relocation benefits, unlimited amount [704.180]
Wages: Public employees vacation credits, unlimited amount [704.1113]; 75% of paid wages within 30 days of filing bankruptcy [704.070]
Miscellaneous: Business or professional licenses, except liquor licenses, unlimited amount [695.060 and 708.630]; inmates' trust funds up to $1,000 [704.090]; business partnership property, unlimited amount [Corporations 15025]


Option 2 exemptions:


Real Estate: Real property, co-op and/or burial plot of debtor or a dependent to $15,000; unused exemption may be applied to any property [703.140(b)(1)]
Personal property: Animals, crops, appliances, furnishings, household goods, books, musical instruments and clothing up to $400 per item [703.140(b)(3)]; implements, books and tools of trade up to $1,500 [703.140(b)(6)]; health aids, unlimited amount [703.140(b)(9)]; jewelry to $1,000 total [703.140(b)(4)]; motor vehicle to $2,400 [703.140(b)(2); personal injury recoveries to $15,000 (not pain or suffering or pecuniary loss) [703.140(b)(11)(D) and (E), wrongful death recoveries, amount needed for support [703.140(b)(11)(B)]; burial plot up to $15,000 in lieu of real estate exemption [703.140(b)(1)]
Insurance / Annuities: Disability benefits, unlimited amount [703.140(b)(10)(C)]; fidelity bonds; life insurance proceeds, amount needed for support [703.140(b)(11)(C); unmatured life insurance policy with dividends or loan value up to $8,000 [703.140(b)(8)]; unmatured life insurance policy [703.140(b)(7)]
Pensions / Retirement Plans: Retirement benefits, amount needed for support [703.140(b)(10)(E)]
Public Benefits / Entitlements: Unemployment compensation, unlimited amount [703.140(b)(10)(A)]; veterans' benefits, unlimited amount [703.140(b)(10)(B)]; crime victims' compensation, unlimited amount [703.140(b)(11)(A)]; public assistance, unlimited amount [703.140(b)(10)(A)]; social security, unlimited amount [703.140(b)(10)(A)]
Wages: None
Miscellaneous: Any property up to $800 [703.140(b)(5)]; alimony and child support, amount needed for support [703.140(b)(10)(D)]; unused portion of real estate or burial exemption (can be used with any property) [703.140(b)(5)]

[CourtClerk]

Bankruptcy laws don't apply to you as you are not filing bankruptcy.

Here:
[url]http://www.lasuperiorcourt.org/Forms/pdf/CurrentDollarAmounts.pdf[/url]

[gyno]

So as long as the car is worth less than $2300 they aren't allowed to take it right?

I'm sorry for being stupid.. Thanks in advance for your time.

[CourtClerk]

Originally Posted by gyno

So as long as the car is worth less than $2300 they aren't allowed to take it right?

My God, you've been told in posts 2, 4 and 7 the answer to that question and it amazes me that once again. I even posted information for you to read FOR YOURSELF (post #11) and you're asking again. Redundancy is not my strong suit.

I'm sorry for being stupid..

No, I really don't think you are. For some reason you are purposely REFUSING to comprehend...

[gyno]

Another question..

On the summons it says I have 30 days to answer it but this is the thing, I received it yesterday May 2, but it says on the paper that it was filed Apr 15th.


So do I have 30 days from Apr 15th or May 2nd?

[CourtClerk]

Originally Posted by gyno

So do I have 30 days from Apr 15th or May 2nd?

30 days from the date you were served.