can they take my motorcycle?

by Jack
(New york)

I just found out i have a court judgement against me from a Credit card company can they come and take my motorcycle that I just bought with cash? can they take it if it has a lein holder? or if the registration in in my name but the title in someone elses name? thank u...Jack

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Aug 16, 2012
can they take my motorcycle?

Jack: If the credit card company won a judgment against you, it can collect on the judgment in a number of different ways. It can get permission to have your wages garnished, to take money out of your bank account, seize an asset that you own, or put a lien on one of your assets.

Certain assets are exempt (protected) from collection however. In other words, they cannot be taken from you by a creditor (or collector) with a judgment against you. In N.Y.S. for example, the exemptions include a motor vehicle worth up to $2,400. I assume your motorcycle is worth more than $2,400. Therefore, the credit card company could put a lien on your motorcycle for the difference between what the motorcycle is worth and $2400 and you would not be able to sell it without paying that difference first.

I am a little puzzled by your question about whether your motorcycle can be taken if it has a lien holder since you say you paid for it with cash rather than financing it.Therefore, there should be no lien holder.(If you had borrowed money to purchase it, the lender would have a lien on the motorcycle however.) Also, if you put the title to your motorcycle in someone else's name then it does not belong to you and so the company with the judgment would not be legally entitled to put a lien on the motorcycle. However, this assumes that you did not put the title in someone else's name after the judgment against you was entered.If you did, the credit card may be able to get the court to agree to reverse the transfer at which point the company could then put a lien on the motorcycle.

Oct 26, 2012
Hearing Results
by: Lynn

Being sued by lawfirm/collections agency on behalf of PNC bank, 2nd mortgage dept, my laywer stated that they appeared open to setting up payment arrangments but that that would be decided at court, If wages are garnished we would be paying almost a $1000 per month. Will creditors normally settle for a MUCH smaller amount per month as opposed to garnishing my wages and my wife's since her name was on the 2nd mortgage also?

Reply from

Lynn - This really is a question for your attorney. Some creditors are open to payment arrangements while others want to sue and garnish wages because it is easier for them to collect that way.

We're not sure what type of attorney you are working with, but if you haven't consulted a bankruptcy attorney yet that would probably be a good idea as well.

Mar 16, 2014
Can they take my car for a credit card?
by: Paul

I owe visa $4000.00. Can they take my car? It was gifted before he died. Also I am disabled I can't work. Can they give me a payment plan? The car is paid off.

Reply from

A credit card is an unsecured debt so it is unlikely that they can take your car because you haven't paid it. However if you are sued for the debt please be sure to get legal advice. You don't want them to get a judgment against you, if possible, since that may give them additional ways to collect. Get free legal advice about debt collection here.

Mar 11, 2015
Old credit debt/motorcycle
by: Rd

I have an old credit card debt $3600, that just surfaced. I have a motorcycle , $16000, I paid cash for title is free and clear in my name. Can it be effected in anyway by this creditor.

Reply from

Possibly. To go after any of your property the collector would first have to take you to court and sue you, then try to go after your property. What property is exempt is based on state law. Practically speaking, it's a fairly small debt and trying to seize your motorcyle and sell it is probably more trouble than it's worth for them.

You mention it's an old debt. Have you checked the statute of limitations? If it's too old you can tell them that and ask them to stop contacting you.

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