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

[annajosie]

the simple answer to your question is if the value of your car is the same or less than the amount that is exempted for automobiles in your state, then NO, they can't take your car.

There's been alot of talk about going to court, answering the summons, etc. You have been given very good advice. If you do not show up in court, then the creditor automatically wins and gets a judgement. If you do show up in court and admit that you owe this debt, the creditor will probably try to set up some payment plan, but if you can't agree on this, then the creditor can get a judgement.

But if the car is the only thing you're worried about, you can stop stressing. But remember that a judgement stays with you for a very long time and if you do ever become solvent in the future, don't be surprised if one day your bank account is frozen, your wages garnished, etc.

 

[gyno]

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

Can I get in trouble for perjury for the summons?

 

[debtor2008]

what in the world can u perjur on a summons??

you can say that you deny the debt

or you can say that you owe the debt.

in most cases, people deny the debt (it avoids an automatic judgement against the defendent), and most likely those costs have tacked on interest and late fee's, so in fact, it really isnt your orginal owed amount (when you stopped paying).


i was sued as well for a discover debt, that i did owe.
i answered the summons by denying......and mailed the listed attorney a copy (as required to do so), i called the attornery listed for discover, they discounted the amount owed, i paid it all off before the set court date. in return, they re-filed papers with the court and dismissed the lawsuit with prejudice, meaning they CAN NOT TRY TO SUE ME on the said account EVER Again!!