More details to this question:
My brother cosigned for his daughter to purchase a car through B B and T. This took place in 2014, she defaulted on the loan, she died 2 years ago, they got a judgment against my brother for the deficiency. I have learned that he did not file an exemption form when he was served with papers and they took his truck. I went to our clerk's office today and learned that they sold the truck for $1800.00. The balance on the loan including 4 or 5 thousand dollars in interest, is now 13,000.00. He went for over a year without any transportation, saved enough to buy a used car, and the bank found out about it and has served him again. He filed an exemption form. He bought the vehicle on October 27 and probably had the registration completed by Nov 1. He got the new papers in the latter part of Nov and filed his exemption form a couple of weeks ago. His concern now is whether or not they can take this vehicle. The clerk still had my brother's file out and was waiting on a call back from B B and T. She said they would decide if they wanted the sheriff to go back to my brother's. Can you give any advice as to what we should do? Thanks.
5 ANSWERS
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
He should see a bankruptcy attorney.
Answered on May 22nd, 2015 at 4:22 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
If the exemption amount is large enough to cover the value of the vehicle, then it can't be repo'ed. But if the car is worth more than the exemption, the creditor can force the sale of car and take all the money over the exemption. For example, Ohio has a laughable exemption of about $3,000, so any car that's not a moving (or nonmoving) junk pile will have an amount that can be attached. The creditor could force the sale of even a $10,000 car and take all but $3,000 of the proceeds. Your brother sounds like he needs to file a bankruptcy to settle this matter.
Answered on May 22nd, 2015 at 12:16 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
First things first: find an experienced Consumer Law attorney in your vicinity. If the lender does not have a security interest in the motor vehicle, then ordinarily they have no right to repossess it. (On the other hand, if I were your brother I would keep it in a locked garage.) I am not familiar with any kind of exemption form. Perhaps it is in use in a few counties far from where I work, or perhaps your issues is not a Wisconsin one. Good Luck.
Answered on May 21st, 2015 at 5:12 PM
Debt Settlement Attorney serving Chicago, IL
at
Law Offices of Daniel J. Winter
Update Your Profile
Generally, yes they can take it, and yes he still owes the money. He should call a bankruptcy lawyer to discuss his options, which depend on whether he wants to try to keep the truck or not.
Answered on May 21st, 2015 at 4:38 PM
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
The answer turns on such things as the value of the vehicle. Your brother should consult a bankruptcy attorney.
Answered on May 21st, 2015 at 4:38 PM