If someone has a judgement against mefor anyand all property, can they take my car?

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If someone has a judgement against mefor anyand all property, can they take my car?

A judgement 12 years ago that I was never served. Never knew about until 2 years ago when a law firm bought the case and garnished my wages. Now I’m on disability. I own nothing. When my only car is finally paid off, can they take it?

Asked on April 25, 2011 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, unfortunately they probably can.  You would have to double check the law in California as to exempt property.  Disability payments are generally exempt.  But personal property can be "levied" which means that the judgement can be given to the Sheriff or Marshall and that he or she can come and take personal property and sell it to pay off all or part of the judgement.  Is it possible for you to try and negotiate a payment with the party that now owns the judgement?  You may also want to consider vacating the judgement if you were never properly served AND checking the statute of limitations on collection.  Good luck to you.


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