Sued by Citibank, Can they take my car?
Date: Tue, 06/23/2009 - 08:03
The amount I'm being sued for is about $5,000. What worries me the most is a little thing at the end of a paragraph that states "You may lose money or property or other rights important to you" If I don't respond.
I don't think they can take my house. There's not $1 of equity in it! I just when through a loan mod to catch up on back payments. So, I owe the mortgage company more than the house is worth.
This credit card is in my name only, not my husbands. He has a truck and I have an SUV. Both are paid off. My question is, can they take my car? It's worth about $8000. However, with a baby on the way, I desperately need the SUV. My husbands truck doesn't have a back seat, it's just a two-seater.
Since I'm the only one on the card, can they go after my husbands truck? My name isn't on it, his is. Would it be smart to "sell" my husband my SUV and have it registered in his name?
I'm very confused and upset. I knew this would happen. I'm just mad because I tried my hardest to work with them before I got to this point, and they wouldn't accept any offer I made. I just don't know what to do.
First off they would have to have a judgment against you and for
First off they would have to have a judgment against you and for that they would have to take you to court. If they send you a summons and you do not answer the complaint then they will likely get a default judgment.
It sounds as if they are not the original creditor which is good news because when the original creditor sells off what they consider to be bad debt they sell it for pennies on the dollar. Because they sell it so cheaply they do not provide any of the lawful documentation to prove they own the debt.
Most hope that you will get scared and not show for court and answer the complaint.
First, it sounds like it is the original creditor, not a JDB, wh
First, it sounds like it is the original creditor, not a JDB, which is bad because they have a better chance of proving their case.
Be careful about transferring assets, as it can be considered fraud. Whether you can keep the car depends on the exemptions in your state. What state are you in?
If you do sell the car to your husband, be sure you actually get cash (its fair market value) for it, not just transfer it into his name. And, if you're in a community property state, even then they could take some of his assets.
And, yes, do answer the complaint in time.
I live in Pennsylvania. So I'm not sure if this is a community p
I live in Pennsylvania. So I'm not sure if this is a community property state or not.
PA is a community property state. The creditor only needs to get
PA is a community property state. The creditor only needs to get a judgment on you. Then they can collect the full balance through wage garnishment, bank levy, or have the sheriff come to your home and take all non exempt property, lastly they can just slap a property lien on your home.
They can take a car even if it's the only way I have of getting
They can take a car even if it's the only way I have of getting a baby around? I can't put a baby in my husbands pick-up truck with no back seats.
This is just one problem after another. I've been trying to work with this stupid company for months and months and months on end. They want $500 and I don't know where they expect me to pull it from. I told them I can do $200 and that would mean cutting back on the food I put on our table. But no, that's not good enough. The miserable part is, I was current on the card for 4 years, never late, always paid above the minimum, then I lost my job and all of a sudden Citi's stellar customer service and "we can help" attitude disappeared pretty quickly.
--They can take a car even if it's the only way I have of gettin
--They can take a car even if it's the only way I have of getting a baby around? --
States do allow for certain exemptions from confiscation. Some states do allow family cars to be exempt. I think about all allow for a car up to a certain value to be exempt. You would have to check PA law.