# Can debt collectors take my old car?



## Still Kicking (May 26, 2022)

Greetings everyone,

I hope I am doing this right if not I am sorry. Some years back I got really sick and fell behind in everything lost my job too went on Social Security. I could not pay for a credit card I ran up when I was so sick and could not work. Got a message left on voice mail saying they need my signature something about going to court and possibly them taking my old van. I am 70 years old with a bad hip. I can't even pay for prescriptions anymore now this. I live in Michigan can they take my old van too?

Thanks to anyone in advance if they can help,


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## CrowFlies (May 26, 2022)

can you locate a social worker of some kind near you?

you need help dealing with this, some source who can speak for you your condition and value of
an old van.  this could be a trolling trick too...be careful.
that why i suggest finding some outside senior type help with this.

local community services of some kind...there is help out there for seniors and stuff like this.
do you use the van?


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## Em in Ohio (May 26, 2022)

Still Kicking said:


> Greetings everyone,
> 
> I hope I am doing this right if not I am sorry. Some years back I got really sick and fell behind in everything lost my job too went on Social Security. I could not pay for a credit card I ran up when I was so sick and could not work. Got a message left on voice mail saying they need my signature something about going to court and possibly them taking my old van. I am 70 years old with a bad hip. I can't even pay for prescriptions anymore now this. I live in Michigan can they take my old van too?
> 
> Thanks to anyone in advance if they can help,


You got a voicemail from whom???  Don't respond, but if it is supposedly from a firm/company/creditor you know, call them at a number you are certain is theirs (not one given in the voicemail).  Do not sign anything without legal help!  A legitimate creditor should already have your signature.  What is it they want you to sign? 

They may take you to court, but if you don't own anything of equal value, it won't do them any good.  They may win the case, but it's meaningless if you have no assets.  If the debt is forgiven, you may have to pay taxes on the amount and your credit will get dinged, but you are basically off the hook.  I doubt they would trouble themselves with an old vehicle (bluebook value?) and a judge isn't likely to award your only means of transportation.  If all else fails, filing bankruptcy will stop any legal proceedings against you.


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## ohioboy (May 26, 2022)

Kicking, ignore it. They can't attach your Van without a court judgment, unless you are talking about a Repo action?


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## win231 (May 26, 2022)

I had a charge dispute with a credit card company a few years ago.  The amount was around $1,500.00 & it involved an incompetent dentist whose work put me in ICU & almost killed me.  I refused to pay.  They kept sending me bills for a few years, then they gave up.
What is your balance?  It's unlikely they'll go to court over it.


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## Murrmurr (May 26, 2022)

ohioboy said:


> ... ignore it. They can't attach your Van without a court judgment, unless you are talking about a Repo action?


Yes, this.

Don't do anything except respond to letters from a civil court if you get any. And you probably won't. It's very doubtful the creditor will sue you, but if they do, don't worry! It's highly likely a court judge will _not_ decide in the creditor's favor, and you won't lose your van.


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## terry123 (May 27, 2022)

ohioboy said:


> Kicking, ignore it. They can't attach your Van without a court judgment, unless you are talking about a Repo action?


Correct.


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## Buckeye (May 27, 2022)

Kicking - there are so many scam voice mails, emails, phone calls, text messages, etc that I pretty much ignore every one of them.  But as others have said, please find a local resource for seniors and don't sign a single thing without some guidence.

Keep Kicking!


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## WheatenLover (May 27, 2022)

Still Kicking said:


> Greetings everyone,
> 
> I hope I am doing this right if not I am sorry. Some years back I got really sick and fell behind in everything lost my job too went on Social Security. I could not pay for a credit card I ran up when I was so sick and could not work. Got a message left on voice mail saying they need my signature something about going to court and possibly them taking my old van. I am 70 years old with a bad hip. I can't even pay for prescriptions anymore now this. I live in Michigan can they take my old van too?
> 
> Thanks to anyone in advance if they can help,


Google this:  statute of limitations for debt collection in (your state). This falls under state law, so there is no way to know the answer for your particular state.

Likely it something like 4 years.  If so, then you have to check out whether paying even a penny on a debt restarts the statute of limitations.

Since you are unlikely to be able to repay this debt, you may want to talk to an attorney (see if there is a Legal Aid Society) or call the state Bar Association and ask them if there is any help available.

You don't need much help if the statute of limitations applies. You just need to know what to say to them to get them off your back. Do not, under any circumstances, fall for a debt collector saying, "can't you just pay a few dollars". They already know about the statute of limitations.

In Michigan, for credit cards, it is 6 years. Google it anyway, just so you know what's up. There are lots of links. Read a bunch of them, especially if there are any links to the Michigan government agencies.

They can't take your car if the statute of limitations time is up.

If it isn't, then talk to Legal Aid or someone about declaring bankruptcy. There are protections for people who do that prevent them from becoming penniless. It will ruin your credit rating, but if you don't plan on needing it for a large purchase (car, house) then that won't matter so much.


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## OneEyedDiva (May 27, 2022)

Ditto to what everyone before me has replied. Try not to worry about the situation. I hope you enjoy our forum.


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## Aunt Bea (May 27, 2022)

I agree with others that you should seek some form of free legal aid to help with this.

IMO the answer to your question is, Maybe! 

The question might be, does the vehicle have sufficient value to make taking it worthwhile.

Good luck, welcome to SF.


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## Liberty (May 27, 2022)

Do what the smart folks say here, and welcome to Senior Forums!


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## oldpop (May 27, 2022)

Welcome

I am not a lawyer but I have seen the process. It was in Va. Each state is probably different but I believe the court must send you a summons for interrogatories. The judge goes over all your assets to see if you have any disposable possessions/income that may be sold to satisfy the debt. There are rules they must follow though. They cannot take your bed, refrigerator, stove, and even some furniture. If your van is your only mode of transportation the cannot take it either.

The real purpose of the interrogatories is so the debtor can  attach a lean against any large sums of money or property that may come into your possession in the future to cover the debt. I believe it is called a judgement. Lets say someone leaves you a large  sum of money. The amount owed to the debtor will be taken from that sum and you will receive what is left over if anything.

The best thing you can do is speak with a lawyer. Some will give you one consultation for free over the phone. All of the above are just my thoughts and opinions not legal advice. Keep in mind I am not a lawyer. I hope this info may be of help to you. When one door closes it seems another door always open.


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## ohioboy (May 27, 2022)

oldpop said:
			
		

> I believe the court must send you a summons for interrogatories.



No, they do not.


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## WheatenLover (May 28, 2022)

oldpop said:


> Welcome
> 
> I am not a lawyer but I have seen the process. It was in Va. Each state is probably different but I believe the court must send you a summons for interrogatories. The judge goes over all your assets to see if you have any disposable possessions/income that may be sold to satisfy the debt. There are rules they must follow though. They cannot take your bed, refrigerator, stove, and even some furniture. If your van is your only mode of transportation the cannot take it either.
> 
> ...


Someone has to sue the debtor or the debtor has to file for bankruptcy before the court gets involved. The OP definitely needs a lawyer to prevent being sued, if the statute of limitations doesn't apply. OTOH, the debt collector pretty much knows what his assets are, so if he has none of interest (land, house, etc), they are probably just threatening him. Another reason he needs a lawyer.


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## JonSR77 (May 28, 2022)

If it was legitimate, I don't think they would contact you by leaving a message on voicemail.


State and Local Consumer Agencies in Michigan​Get help with complaints about stores, banks, insurance companies, utilities, and more.

https://www.usa.gov/state-consumer/michigan


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## FastTrax (May 29, 2022)

www.upsolve.org/mi/repo-laws/


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