Bankruptcy may be able to get a car back that has been picked up by the Sheriff to sell to pay on a judgment claim, but it would be better not to wait until you see your car (or other property) being taken away to call a lawyer. You might be able to do something to save it, but your options and time are limited.
"Hello, do you represent people in bankruptcy? Could it help get back a car from the Sheriff who took it because of a credit card?
That was the point of the call I just got from a shocked person who had just watched the Sheriff take away a car, and from those few words I knew that someone
1) had not paid a credit card
2) had not made arrangements with the creditor
3) had [probably] ignored a lawsuit
4) had [most likely] ignored a notice to claim exemptions which would [likely] have protected the car from this creditor and
5) had never consulted a lawyer or at least investigated on the internet what happens when you ignore a judgment.
Many people think that credit cards can't hurt them or affect their property, but once someone is sued and the creditor gets a judgment, all property from cars, personal property and even homes can be taken if the borrower doesn't take action to protect themselves.
This debtor has to see someone NOW. If bankruptcy can help, doing everything needed to file for emergency bankruptcy at the last minute can be difficult. Bankruptcy can be filed within 24 hours, but it isn't easy. It just isn't something that you want to be forced to rush into.
You might not be able to find a lawyer to take your case at the last minute, it might be hard to pay your bankruptcy lawyer, or you might not be able to get the information needed to prepare your documents on such short notice. Not only do you have to find a lawyer who has an open appointment to see you right away, but paperwork which is complicated has to be prepared.
It can be unnerving to rush through a legal process without time to digest the implications of the process. Your choice of lawyers will be limited to those who can see you right away. While you may be able to find a good lawyer at the last minute, many experienced attorneys are booked days or weeks in advance. If you find yourself facing an emergency situation, try to find a good experienced attorney but better yet, don't wait until you are up against a wall to deal with financial problems.
Yes, a credit card creditor can have your property, your car or your house sold. Don't ignore lawsuits or you may find yourself watching your car being taken away.
For more information on these matters please call our office at 305 548 5020.
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