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  1. #1
    Join Date
    Aug 2013
    Posts
    3

    Unhappy Will My Credit Card Companies Try to Collect if I Default

    My question involves collection proceedings in the State of: Florida

    I purchased a motorcycle on a credit card in 2008. Things got tough and in 2010 it was repossesed and sold at auction. All this time later I started hearing from the junk debt collector, the debt has been sold numerous times but the company that owns it now have sent me a copy of the original contract. I have hired a lawyer and plan on going after them for laws they violated towards me in the short time i have been dealing with them. The lawyer thinks i have a good case but i wanted a second opinion. I have 3 vehicles. One is broke down and is being repaired, the other a motorcycle and last but not least i have a car worth quite a bit of money. well over 5 times what i owe. I have had it since high school and put m heart and soul into the car and im worried that if we go to court and worse case scenario they win judgement against me that they will come for my car. it is completely unattached to the debt and i dont owe money on it anymore. The other vehicles i own as well. My lawyer says that I dont have to worry about it getting to that point and before its all said and done they will end up paying us along with have the debt dismissed with prejudice. Im not worried about anything else that happens other than someone coming for my car which is also partially my dads car but is only titled in my name. Can someone give me peace of mind that the chances of them coming after my car or messing with it like putting a lien on it are slim to none? I am getting mixed answers all over the web and just want a straight answer for my situation.

    I owe $6000 and thats it. Ive read from quite a few sources that this junk debt collector usually doesnt fight to thard once it gets to tthat point and sometimes dont even show in court is that pretty common for an out of state debt collector?

    THANK YOU ALL FOR YOUR HELP I CAN ONLY HOPE IT WILL BE SIMPLE AND NOT AFFECT MY ASSETS THAT IVE WORKED HARD FOR SO PLEASE TELL ME WHAT YOU THINK

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Just Want a Little Peace of Mind

    Forget piece of mind. FL law allows a $1000 vehicle exemption. Assuming you add your $4000 personal exemption to the value of the car, it can still be claimed for satisfaction of the judgment. I suggest you raid the penny jar and put your heart and soul into paying your creditor.
    http://www.floridabar.org/tfb/TFBCon...Your%20Vehicle

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Just Want a Little Peace of Mind

    Not sure what you are looking for but the statute of limitations to sue for a debt on an open ended account (credit card) in Florida is 4 years. That means they have plenty of time to sue you still.

    I have no idea what you claim they have done that would justify you suing them but violations of the FDCPA do not invalidate the debt, even if you would win such a suit. Just what has the creditor done that is so egregious a lawyer suggested the debt would be discharged by the courts?

  4. #4
    Join Date
    Aug 2013
    Posts
    3

    Default Re: Just Want a Little Peace of Mind

    quite a few things.i have proof of there harassing phone calls and threats, they have reported on my credit report illegally and done it under numerous names and numerous times and all different amounts, conversating with someone other than me and giving out personal information on my debt, harassing my parents, they have done quite a few things which if i dont come out winning something from them whatever i dont care about that what i care about is them sueing and after wage garnishment if they win coming after my car

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Just Want a Little Peace of Mind

    none of what you stated is anything that would allow the debt to be invalidated. It may allow a case for an FDCPA violation but that does not affect the underlying debt.


    Florida allows up to a $1000 exemption for a vehicle. Since yours is worth somewhere around $30k, it is prime pickin's for seizure to satisfy the debt. You can add the personal exemption of $4k to that (but that means other personal property with any value is subject to seizure) but even that will not save your car should the creditor go after it.

  6. #6
    Join Date
    Aug 2013
    Posts
    3

    Default Re: Just Want a Little Peace of Mind

    What should i do to protect my car?

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Just Want a Little Peace of Mind

    Quote Quoting towmaster
    View Post
    What should i do to protect my car?
    Pay the $6000 you owe before they take.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Just Want a Little Peace of Mind

    Quote Quoting towmaster
    View Post
    What should i do to protect my car?
    pay the debt

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