Nov
30
Tonight a local sheriff’s deputy came and seized my car. The car was seized for a defaulted credit card from 2005. The thing is….the car has a lien on it from a local credit union, I do not own it out right. Can a creditor seize property that has a lien on it? I live in Michigan if that helps. The outstanding balance for the credit card is approximately $850….$3900 is owed on the car. I don’t get it. Can someone give me some insight???
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November 30th, 2009 at 7:21 am
I would call the police. A sheriff normally will not get involved with a civil matter plus normally a car cannot be seized for an unsecured debt.
It sounds to me like they basically stole your car.
November 30th, 2009 at 7:21 am
Look further into this!!!!!
First of all, the credit card would have had to sue you in court, obtain judgment, and then file a motion to attach the vehicle. Only after a judge orders possession can the sheriff come out and take it.
Every state has exemptions as well. For example if your state has a $4k exemption for your automobile, then you would have to owe the credit card more than that before they could attach it.
Your Credit Union’s lien is a first and prior lien before all other liens. Generally, they couldn’t attach the vehicle while there are other open liens on it.
November 30th, 2009 at 7:21 am
You are going to have to pay both people off if you want to see the car again.
The credit card compnay with a court judgement can seize an asset you have. Even though you owe on it, it is an asset.
Pay the credit card off ASAP and then you will get you car back after you pay the towing and daily storage charges.
It sucks, but it is what you need to do.