I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $

I have no job and my only source of income is Social Security disability. I have 4 kids, too. Because of a credit card debt of about $1,500, a collection agency here in NJ is threatening to take my old Toyota to cover the debt, because they cannot find money under my name. Can they do this?

Can I register my car under my wife%26#039;s name, even though she has no Driver License?

It would be registered under her name, but I will be the driver.

I am trying to hide my car from the collection agency by registering it under my wife%26#039;s name.

I was told by a lawyer that the collection agency won%26#039;t bother to go for a car that old. It wouldn%26#039;t be cost effective.

However, I have heard some scary stories about people whose old cars have been seized by unscrupulous collection agencies and auctioned. Man, I need my car so badly I would shoot someone for it.

Any ideas? Anyone?

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

Why don%26#039;t you try to settle with the collection agency?

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

You can call the agency and make a plan with them. I also know from someone who worked as a collector that if you call to make a deal in the last week of a month, they can drop your bill up to 45%. THat would be the best way to go... Other then that I doubt they would take your car. A 93 is not worth that much. But they can. You could try and put it in your wifes name... if the debt is not hers also. But the number one way to avoide this situation, is to pay your bills. Never charge something if you don%26#039;t already have the money to pay it off.

Good Luck

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

If you are insistent that you must keep your vehicle at all costs then my recommendation is this...Sell your vehicle to a close friend that you know you can absolutely trust without a doubt. transfer title to them and have them register the vehicle in their name. Have them obtain the insurance with you as an authorized operator, then you pay them the licensing and insurance costs. It will no longer be an asset to be attached, but you will maintain full use of it. Be cautious here though because LEGALLY you will have no right to the vehicle after you do this. Again make sure that the friend or relative you do this with is absolutely beyond a shadow of a doubt trustworthy.

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

Ok they CANNOT try to take your car. I don%26#039;t care if it is a 93 Toyota or 2008 BMW. If it is your only source of transportation and you are on disability, no judge in his or her right mind will order that and yes they have to order it. Now if you owed money on the car and were not paying it, then they could and would come get it, but from your question this does not appear to be the case.

I hate to say it, but if this agency is threatening this the first thing you should do is contact the agency manager, or owner and advise them that under the FDCPA (Fair Debt Collections Practices Act) these threats are not permitted and are illegal. The worst thing they can do is file for a judgment. if they do, just show up in court and tell the judge the truth about your situation. Even if the judgment was enforced, meaning the judge approved it, they could not force you to sell you car or home. It might make it tougher to buy a new one, but it doesn%26#039;t%26#039; sound like that is really an option at this time anyway. try to work something out with the original creditor if you do not want to call the agency. You have the right to ask to only speak to the original creditor and I would let them know the threats that are being made against you. As a former owner of a collection agency I am sure it is not a common practice at this agency to do this, but more likely a few unscrupulous collectors trying to push to hard and breaking the law in the process. document your conversations with dates and times as well as the threats being made and contact the original creditor and the collection agency with your notes and ask them to try and work with you.

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

First off, try reading on the %26quot;Federal Fair Debt Collection Practices Act%26quot; and know your rights. They will try to bully you and the info in that law will help you tremendously

Some points in the law that may be able to help you:

a) They cannot call you at ungodly hours

b) They cannot threaten to garnish wages or take anything you owe until AFTER they have sued you. This car is not attached to your debt (its different from the horror stories you hear that people REPO the car -- it cant be repo%26#039;ed if its yours free and clear, they have to attach it AFTER they sue you when they win the lawsuit)

If they do anything above, you can file a complaint with them with the FTC or your state%26#039;s attorney general. Record your conversations and turn the tapes over the attorney general! Fight back you have rights.

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

I really don%26#039;t see how they can since this has nothing to do with the car itself. This isn%26#039;t about a default loan on the car but on a credit card.

I would suggest you call the credit card company and negotiate the interest rate and balance. If you explain you are on limited income through disability and have minors living in the home they might be willing to work with you. The alternative would be to file a bankruptcy which then they won%26#039;t see a dime.

Don%26#039;t let them use scare tactics or push you around. I think they are just fluffing their feathers more than anything and if you try to work it out they should be willing.

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

JY is absolutely correct I too do credit repair and the company telling you they can do anything to your car is a serious violation on their part. I would tell them you will see them in court. It is totally unethical and I would suggest you follow JY%26#039;s instructions to the T, ALSO if you have their information you should send the collection company a opt out letter telling them to leave you alone, here is a sample of the letter

Use this letter to demand that a collection agency stop calling or writing you. The cease and desist is one of your rights under the FDCPA- Fair Debt Collection Practices Act.

Name Of Creditor

Address

City, State, Zip

Re: Account Number

Date

Dear creditor/collector,

This letter is to formally advise you that I am requesting you to cease and desist all communications with me immediately regarding the above account. As a third party debt collector- that is- not the original creditor, you must comply. Your conduct thus far is unacceptable and borders on harassment. Please be advised that the following applies to you.

Pursuant to the Fair Debt Collection Practices Act:

Debt Collection Practices

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

You are governed by this Act as a third party debt collector or creditor attorney. All communication with me including phone calls to my home or business must stop immediately.

If you continue to contact me after receiving this dated certified mailing, you will be in violation and I will file a complaint with the Federal Trade Commission and State Attorney General%26#039;s Office.

Sincerely,

Your name

Address

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

Hi there!

Signing off assets and things you own to other people will not shield them from the court. Nor will selling them to other people. I would suggest that you DO NOT do this because it could have grave consequences in you do lose a court case.

That being sad, the collection agency is just trying to scare you into paying. When and if you lose a judgment in court, you are guaranteed exemptions - that is, things that you can protect from being taken or sold. This is a right afforded to everyone in our country. I don%26#039;t know what the NJ exemptions are, but in NC you%26#039;re allowed a particular value in your motor vehicle (I think $1500?). I%26#039;m not sure what it is in NJ. Find out what the exemption in NJ is by checking the state statutes.

Also, I doubt that your old car could fetch $1500 even if you sold it privately. It%26#039;s simply a scare tactic designed to prompt you into paying and avoiding the court. Court costs can be expensive, the collection agency is hoping that you%26#039;ll pay or give in so that they won%26#039;t have to hire lawyers to sue you and take you to court.

Remember that court cases take ages to go through the court. You have to be served, file your answer, discovery, go to the court...the process can take years if you drag it out. The point is...no matter what the collection agency says, they can%26#039;t take anything you own unless a court says they can.

Social security is typically protected from garnishment and judgments.

This collection agency is trying to squeeze money out of you because they think that they can bully you around. Stop answering the phone when they call. Write them a cease and desist letter. If they want your old car so badly, make them work for it. They%26#039;ll be luckily to recoup their costs in court let alone ever see that $1500 they want.

Good luck

PS: If the debt is old, has it passed the statute of limitations? If so, then they are really just blowing smoke and have no legal basis whatsoever

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

Even that surprised me...how can they take your car for the credit card debt of $1500.. credit card debts has nothing to do with your car.....if it was your car loan then one can u%26#039;stand but cc debts???

I think you should contact a credit card counseling agency they would talk with them on your behalf and would make settlements as they have contacts with most of the creditors. Here is the reliable source for your reference http://ezconsolidation.com

I have a credit card debt collection agency trying to take my 1993 Toyota to cover a small debt of $1,500?

The next time they call, talk to them for 2 minutes, then state that this conversation is being recorded through your phone co. They can not repo the car unless they have a judgment against you. You could also call legal aid in your state and see what they can do for you