Full question:
I'm currently facing a lawsuit for unpaid hospital bills. I recently received a notice of what is exempt from being claimed. I'm worried that they are going to take my car from me. Can they, and will they do this? The car in question is worth about $6000. To complicate things the car is co-titled to my grandmother who passed away last year, and I haven't had it changed as of yet. Additionally, I recently paid the car off, but I haven't yet had the lien from the bank taken off of the title. So sum things up, the car is co-titled to a person who has passed away and the bank has no interest in the car, I just haven't gotten the lien removed yet. Again, I just want to know if they are going to take my car. If so, how can they justify that when I will not be able to make money to pay such bills without transportation to work?
- Category: Debts and Credit
- Date:
- State: Missouri
Answer:
According to Missouri law, certain property is exempt from attachment and execution in lawsuits, including a motor vehicle. Specifically, a motor vehicle's value is exempt up to three thousand dollars (Mo. Stat. § 513.430). Since your car is worth about six thousand dollars, it exceeds this exemption limit.
However, the situation is complicated by the fact that the car is co-titled with your deceased grandmother, and you haven't updated the title. If the bank has no lien on the car, this may provide some protection, but the co-ownership could complicate matters further.
Ultimately, while they can attempt to take your car, the exemption laws may offer some level of protection, especially if you can demonstrate that you need it for work and transportation. It’s advisable to consult with a legal professional to discuss your specific circumstances and explore your options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.