Car exemption in Florida

[Brerg8r]

I just read something that has me confused on the car exemption in Florida - it seems to imply that if I own my car free and clear, the equity I have in it (obviously the full value) is applied toward the $1000 personal property exemption. If that is the case, then I have no room left to claim the $1000 exemption for other property (computer, books, furniture, etc.) Is this true, or is there a separate exemption for the car, thus allowing me to claim exemption on the other stuff as well?? The car is worht about $1600 - would I have to pay the trustee $600 or would they try to sell it?

[robivi3]

I am in Florida. The Trustee isn't coming for your car. The $1000.00 is seperate from the $1000.00 property exemption. The Trustee will not even bother for a case with under 10,000.00 in assets. It costs him money to administer and collect. He wants quick cash from small asset cases. His cut is about 20% plus fees. $600.00 wouldn't shine his shoes.

DON'T overvalue anything, GARAGE SALE VALUES APPLY!!! If he threatens to take your belongings you may want to bluff. It is likely that he won't bother, but may try to bag you for some cash. You need to have really great stuff and alot of jewelry for it to be worth it. Your $2200.00 48 inch Sony that's two years old isn't worth $10.00 to him, he wants money.

LOOK INTO ATTORNEYS! Remember YOU are responsible for your paperwork. Do not necessarily take the cheapest lawyer, your gut feeling is worth an extra couple of hundred bucks.

Most likely you are safe from the Trustees clutches. Also look your trustee up online and any lawyers who may come up in a search under his name. I got into a pretty sweet argument with our Trustees Attorney, I was over the exemption but offered my used clothing, furniture, shoes, etc... He CAN"T force cash out of you unless you have money in the bank at filing. Pay your bills and clear the checks legitamately before you file, do not take $3000.00 cash from your Account the day before you file.

Remember that any hard property on which you owe a debt is subject to a lien and therefore not an asset in any way.

I am assuming that you own a home and have a family with furniture, computers, etc...

The Trustee is your adversary, not your friend.

[Brerg8r]

many thanks for the quick response. If I had any money at all, believe me I would hire the pros - I am considering a free consultation, but even the filing fee is going to be difficult.

i do not own a home, no family and really don't have much in the way of assets. The biggest thing is my PC, which I built myself from $1500 worth of stuff two years ago.

If the car is worth $1350 (according to Kelly), will I have to pay the $350 overage to the trustee at some point? Does the trustee determine the value from their own resources, or take my word for it?

[robivi3]

Your gonna spend two minutes in front of the Trustee and 60 days tying your stomach in knots. If what you just stated is true your case is open and shut. REEEEEELAX, you are a pro bono case based on what you have said. You are the 95% that he takes for free in order to get at the juicier cases.

Remember what i said, HE WANTS $$$$$$$$$ !!!! Not $600.00 or $1200.00 but cases that will bring in $10,000.00 and over.

[robivi3]

Also you will be in a room with 60 other poor schmo's who are as worried and embarrassed as you are and i was!

I wish you the best