I have a judgement on my credit for a credit card from 2003. i received a ltr from a lawyer saying he's going

to send out a sheriff to sieze any real or personal property. i don't really have anything. just some old furniture, clothes and my 2 dogs. the debt is about 3000.00. i do have a car that's worth about 1500.00. can they take it? what is the procedure when the sheriff comes out? it's called a fi fa. please help. i believe the sol in georgia is 4 years. the fi fa was file 12/29/03

The Georgia statute is

CODE OF GEORGIA
TITLE 44. PROPERTY
CHAPTER 13. EXEMPTIONS FROM LEVY AND SALE
ARTICLE 1. CONSTITUTIONAL EXEMPTIONS
PART 1. IN GENERAL

OFFICIAL CODE OF GEORGIA ANNOTATED
Current through the 2006 Regular Session
Annotations current through April 14, 2006.
搂44-13-1 Amount of exemption; who may claim exemption; what charges enforceable.

Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property.

-----------------------
It's more complicated than just this. Your best bet is to contact a consumer protection counselor or a credit counselor about this. You are protected by both state law and federal law under the Fair Debt Collection Act and the Fair Credit Reporting Act.

There are certain things the lawyer can and cannot do. Many times creditors will say stuff to try and scare you to pay up. They may or may not be true. It's a complicated process and it requires knowing the ins and outs of your entire financial situation, which you cannot divulge here. Again, your best bet is to talk to a credit counselor, they are usually free. You may also want to contact the Georgia attorney general's office and ask them about the lawyer's letter.

KJ63 is incorrect in that unsecured debt can become secured by use of an attachment. It's how the IRS can take your house when you attempt to sell it.

Golden seems to be advising a fraudulent transfer (a transfer designed for the sole purpose of escaping a debt), which is a misdemeanor in the state of Georgia. Georgia legislators deemed it so unscrupulous that they made it criminal to do it.

Mike has a suggestion with the settlement, many people do do that in return for an agreement to disavow the debt (be careful that the settlement is to cancel your debt and not taken as simply a payment, also make sure that they remove their report from credit agencies and get it all in writing first)

Wartz is correct

It is intimidation and nothing in the fair debt collections practices act says they can do that unless it is an item of title like a house or car. They actually are not allowed to come out to your property. The collection guys say everything illegal to intimidate you. If they put it in writing, get a lawyer and sue them.

Credit Cards are unsecured debt. This means the debt is not backed by anything you own. This so called "lawyer" is feeding you a line of BS in an attempt to intimidate you. He cannot send out the Sheriff to seize anything of yours.

a less scrupulous person would suggest you sign over your car to your mother, immediately. like in the next hour. and have her register it in her name asap. i wouldn't suggest that, but a less honest person might.

yes, they might seize the car. good luck.

He is trying to scare you and screw with your emotions.

But you promised to pay back a debt--and you should pay it. At this point you can probably settle for 35 cents on the dollar... so do it!

Were you sued or do you just have an unpaid credit card debt? There are limitations to what an creditor can levy on to satisfy a judgment after a suit and I'm not going to guess what they are in your state but a beater car is probably under the limit.