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Expert: Creditwrench - 9/17/2009


Question
Dear Creditwrench,

I would like to know if, in the state of Pennsylvania, a person has a judgment against them for credit card debt, is the person's automobile considered a personal possession?  In other words, can the automobile be taken from them if the automobile loan has been paid in full?

Also, can the person's checking account be garnished?

Thank you for your time and expertise.

Carol


Answer

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Yes, automobiles are always the personal possession of the person or corporation whose name is on the title. In most states they cannot take a person's only means of transportation unless it has a value greater than a certain amount. Go to lawdog.com and click on the tab for your state's laws and check on courts and judgments then judgments and you will find out all about the laws for your state.

Yes, a person's checking account can be garnished. If you have a garnishment you need to keep any and all money out of checking and savings accounts. Have your wages been garnished yet? If not then you can put a stop to wage garnishments without much problem.

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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