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I live in Hawaii.
I have credit card debt $30,000. Some of monthly payment for these credit cards are extremely delayed.

I have a car secured by automobile loan company. Remaining loan amount is $15,000, but the actual market value of the car $12,000.
Thus, equity in this car is
minus $3,000. Monthly payment on this car loan has been done on time so far.

One of credit card comapny sued me recently.

Question: Can unsecured creditor garnish my car with a Court Order?




HAWAII STATE LAWS
http://www.capitol.hawa ii.gov/hrscurrent/

INTEREST RATE:
LEGAL: 10% JUDGMENT: 10% (NO WRITTEN CONTRACT)
STATUTES OF LIMITATIONS (IN YEARS)
SALES OF GOODS: 6
OPEN ACCT: 6
WRITTEN CONTRACT: 6
DOMESTIC JUDGMENT: 10
FOREIGN JUDGMENT: 6 FOR REGIS./10 AFTER REGIS.

BAD CHECK LAWS (CIVIL PENALTY)
DAMAGES EQUAL TO $100 OR TRIPLE AMOUNT OF CHECK, NOT TO EXCEED $500.

GENERAL GARNISHMENT EXEMPTIONS
95% OF 1ST $100, 90% OF 2ND $100, 80% NET WAGES IN EXCESS OF $200 PER MO. OR FEDERAL LIMITS WHICHEVER IS GREATER.

COLLECTION AGENCY BOND & LICENSES
BOND: $25,000 / $15,000 EACH BRANCH
LICENSE OR REGISTRATION: SOLICIT/COLLECT


Hawaii Exemptions:

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment, or in a bankruptcy proceeding. The State of Hawaii permits a judgment debtor to claim homestead exemption up to an amount of $30,000 in one parcel of real property if he is the head of a household or is 65 years of age or older. For a single person, such homestead exemption is $20,000. If the real property is jointly owned by more than one party, only one exemption may be claimed. (HRS 651-92.)
Personal property which may be exempt from levy or sale upon execution, writ of attachment or any process issuing out of any court in the State of Hawaii may include all necessary household furnishings and appliances, books and wearing apparel of the debtor and his family members, jewelry, watches, and items of personal adornment up to an aggregate cash value of $1,000; one motor vehicle up to a value of $1,000 over and above all liens on the vehicle; any combination of tools, implements, instruments, uniforms, furnishing, books, equipment, and any other personal property that are necessary for the debtor's operation of his trade, business, or profession by which he earns his livelihood; one parcel of land, not exceeding 250 sq. ft. in size, in a graveyard; sale proceeds from debtor's property procured six months prior to the execution of the judgment; and wages which were earned within 31 days of the date before the date of the proceeding. (HRS 651-121.)

Sub: #1 posted on Mon, 07/28/2008 - 06:04

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4671 | Credits: )

If I do not earn wages and just self employed w/financial hardship (on food stamps), what does this mean in layperson language please?

GENERAL GARNISHMENT EXEMPTIONS
95% OF 1ST $100, 90% OF 2ND $100, 80% NET WAGES IN EXCESS OF $200 PER MO. OR FEDERAL LIMITS WHICHEVER IS GREATER.

Sub: #2 posted on Thu, 09/09/2010 - 12:29

Unregistered


If I am self employed, in financial hardship (food stamps), and without real assets; what does this mean please, in layman's terms?

GENERAL GARNISHMENT EXEMPTIONS
95% OF 1ST $100, 90% OF 2ND $100, 80% NET WAGES IN EXCESS OF $200 PER MO. OR FEDERAL LIMITS WHICHEVER IS GREATER.

Sub: #3 posted on Thu, 09/09/2010 - 12:53

Unregistered


Are you saying you are unemployed?

Sub: #4 posted on Thu, 09/09/2010 - 13:30

OhioGal1 OhioGal1
Moderators Cum Industry Expert
(Posts: 5253 | Credits: )

not unemployed; self employed

Sub: #5 posted on Fri, 09/10/2010 - 12:03

Unregistered


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