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I was summoned last weekend and plan to appeal

Date: Fri, 03/02/2007 - 17:39

Submitted by lrhall41
on Fri, 03/02/2007 - 17:39

Posts: 245 Credits: [Donate]

Total Replies: 10


Appeal the debt. Seems like this CA purchased 8 of my old credit card accounts and now is suing me for $20,000. In Florida the personal property exemption law reads as follows:
"Your interest in a vehicle is exempt up to $1,000 in value. This means that you can protect up to $1,000 value of your vehicle from being taken from a levy to satisfy a judgement by following the correct exemption procedure."
My question is if I was to "lease" a vehicle this weekend and in a couple of weeks I get a judgement on me for $20,000, do they get to keep my vehicle? The way that I understand leases is that I do not own them therefore, no one can take my property because they do not belong to me.
Am I wrong the way that I am reading the law?
Please advise.
Thanks.


You are correct. When you lease a vehicle, you are not taking ownership or title of it. Since it is not yours, they can't take it. Kind of like an apartment lease -- just because you sign a lease on an apartment, doesn't mean the creditor can sue you and come take the building...

Seems rather odd for a company to end up with 8 of your old credit cards ... were they all through the same company? I would think 8 different debts means they would have to file 8 separate cases, one for each account.


lrhall41

Submitted by DebtCruncher on Fri, 03/02/2007 - 17:45

( Posts: 2293 | Credits: )


It is odd indeed, but this comopany bought my accounts that were dismissed when my bankruptcy was dismissed in 2005. The court thought that I was making too much money and denied the bankruptcy and dismissed it. The accounts are JC Penney, Sears and credit cards. Very odd though.
So you think that I am safe if I lease a vehicle this weekend and avoid them taking the vehicle that I own with title, right?


lrhall41

Submitted by lrhall41 on Fri, 03/02/2007 - 17:52

( Posts: 245 | Credits: )


Question -- Do you presently have a car that you own outright? They cannot take the leased vehicle. But if you have another car that is paid for, they can attach any value over $1000. Basically meaning if your paid-up car is worth $10K, they can take the car and sell it for $10K, give you your $1000 exemption and keep the other $9K.


lrhall41

Submitted by DebtCruncher on Fri, 03/02/2007 - 18:03

( Posts: 2293 | Credits: )


OK, now I see. If you trade your current car, then it wouldn't be yours anymore. You are correct when you say it would be long gone before court. When the creditor goes through discovery proceedings to find out what assets you have, they can only examine your current assets -- they can't go back in time and take assets that you "used to have" before the court date.


lrhall41

Submitted by DebtCruncher on Fri, 03/02/2007 - 18:17

( Posts: 2293 | Credits: )


Thats what I thought. I am going to pay them a fair amount, not the$20,000 they say that I owe, but I will pay. I just don't want to lose my car and my house has a homestead expemtion, so I know they can't take my house. Even though I think they can put a lien on it, which is OK because I am nnot planning on selling any time soon.
Thanks for your comments.


lrhall41

Submitted by lrhall41 on Fri, 03/02/2007 - 18:34

( Posts: 245 | Credits: )


Sounds like the beginning of a plan.

I'm still trying to figure out how they got all your accounts? Usually bad debt buyers buy a package deal/thousands of accounts at a time. The probability that all 8 of your accounts were in the same package is just about as likely as winning 100 million in the lottery. It's almost like they were keeping tabs on you from the beginning, and when your BK got dismissed they went to each of your creditors and bought the accounts one at a time. Eerie, if you ask me.


lrhall41

Submitted by DebtCruncher on Fri, 03/02/2007 - 19:51

( Posts: 2293 | Credits: )


I find it very eerie that they got all 8 accounts. My husband and I still a very others that they have not claimed yet, but were are not holding our breaths on that either. We will try to trade-in and lease a new one. Hopefully this will be the end of this. We will pay them in installments, if they won't accept that, then let them put a lien or judgement on our house.


lrhall41

Submitted by lrhall41 on Sat, 03/03/2007 - 06:24

( Posts: 245 | Credits: )