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asset protection, w/o filing bk

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    asset protection, w/o filing bk

    i live in florida and my wages etc, are exempt from garnishment. (SS etc) its going on 3 years now and the dogs arent barking too much, waiting on the s.o.l. to run...my bk lawyer recommended that i not file bk and just ride the storm...(long story, chap 13)

    however, i did get a summary judgement for about 8k...everything i own is exempt.. i have been driving a vehicle owned by a family member... i have been scrimping and managed to save up enough money to buy a decent car...

    the problem is: the car would only be exempt from attachment of up to 1000 bucks, from the judgement...
    any ideas on how i can prevent attachment of a car that i buy?
    "it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]

    #2
    The only two ways to shield a car from judgement creditors are to have all of the value encumbered by liens, or to have it titled in someone else's name. In other words, if you finance the car, it would likely be "upside down" at least for a while which would prevent the judgement creditor from taking it since they'd have to pay off the existing lien(s). Likewise, if you are planning to pay cash for it, you could have a son/daughter or your husband/wife purchase it and title it in their name alone.

    For example, the car I drive is titled in my dad's name, though this was done for insurance purposes since my credit was good at the time. However, I now enjoy the added benefit that in addition to having much cheaper insurance, my car is fully and totally shielded from any creditors--even if I have to file for bankruptcy!

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      #3
      Originally posted by floridian View Post
      i live in florida and my wages etc, are exempt from garnishment. (SS etc) its going on 3 years now and the dogs arent barking too much, waiting on the s.o.l. to run...my bk lawyer recommended that i not file bk and just ride the storm...(long story, chap 13)

      however, i did get a summary judgement for about 8k...everything i own is exempt.. i have been driving a vehicle owned by a family member... i have been scrimping and managed to save up enough money to buy a decent car...

      the problem is: the car would only be exempt from attachment of up to 1000 bucks, from the judgement...
      any ideas on how i can prevent attachment of a car that i buy?
      Two thoughts, first...are you married? If so, than a car titled as Tenants by the entireties is protected from the creditors of an individual spouse. If not, than ask your attorney is that $4,000 wild card exemption for homestead applies to judgments as well as bk...I think it does but I could be wrong.

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