Can an attorney who is collecting a debt for a credit card company, take my car and sell it to paythe debt?

UPDATED: May 29, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 29, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an attorney who is collecting a debt for a credit card company, take my car and sell it to paythe debt?

I owed $13,000 on a credit card. After months of trying to work out payments with the credit card company and collection agency, and doing everything else I could (I was unemployed and so was my husband), an Attorney sent the local sheriff to my house to collect or take my car. He took my car – had it towed right out of my garage. He was banging on my front door, which really scared me, threatened to come in, which I had no problem with that, and was mean and a jerk. Can they do this? I owned my car outright, no payments.

Asked on May 29, 2011 under Bankruptcy Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your collection agency or your credit card company actually had a judgment against you and then obtained a lien on your car, then yes, anyone representing either of those entities who has the lien on you can repossess the vehicle. If this is not the case and you did not pledge the car as collateral as a method to secure the credit card, then the attorney had no right to take your vehicle. Further, the attorney's actions (as an attorney or as an entity who could be considered an agent of the creditor) could be violative of attorney ethics rules in your state or as the agent of the creditor violative of the Fair Debt Collection Practices Act.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption