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View Full Version : What can they do to enforce a judgement in Colorado


marksgotissues
08-01-2009, 12:28 PM
So, here’s the deal. Capital One got a judgment against me for about $2,600 including legal fees. I don’t own any real estate, I’m unemployed, and I have about $6.00 in the bank. The only thing I own are two cars. One has my wife’s name first on the title and my name second. The other one is in my name. The one in my name is worth about $3,000 and the one in my wife’s about $10,000. We owe nothing on ether car. Can they take the car? Can they garnish my wife’s wages for my debt? I really hate being unemployed and not paying my bills, but damb I can’t find work that pays more than unemployment. Thanks for any help.

trueq
08-01-2009, 06:21 PM
They can garnish, but you can oppose. You need to look at your states exemptions. You probably meet them.

They could go after your car, but only if they know about them. A tip off will be that they demand you disclose your assets or call you for a hearing on assets.

Your cars are exempt to extent of state law. Anything over is collectable. You could "trade down" in cars to meet exemptions, but for $2600, it may make more sense to make payment arrangements.

Don't keep more than $1000 in bank.

I'd call them; explain where you are financially; and tell them you can BK7 for $500 and wipe them out, but instead you would be willing to give the $500 to them for full satisfaction and release, including credit deletion.

If they don't take it, screw 'em

jq26
08-05-2009, 09:24 AM
I think that is good advice. And check your state exemption schedule. Some states have NO exemption for any vehicle. My brother had a default judgment against him last year and they levied his piece of crap vehicle. He had to appear twice AND file a Chapter 7 in order to get the car back. It was a real pain in the neck for all involved.