Who Can Claim Statutory Car Exemption?

A husband and wife who were jointly liable to a creditor emailed the following question: where a family owns one car free and clear in the name of one spouse, can both spouses claim $1,000 car exemption allowed by Florida statutes for motor vehicles. The couple was trying to exempt a total of $2,000 of their car equity from their joint creditor.

The statutory car exemption is only available to car owners. The spouse of an owner has no right to the exemption. In this case, the couple can exempt only $1,000 exempt equity in the car.

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Sandra - November 15, 2005 4:08 PM

My husband is head of household for two yrs. due to my illness, we have a work truck in both of our names and it will be paid within the next month and he has to go to a pretrial hearing because of a credit card debt, and that is also in a month. Can this atty. take our work truck as payment for that debt?? Please help us, this is his work vehicle.

Sandra - November 15, 2005 4:14 PM

If this Atty. can take my husbands work truck for pymt. for credit card debt, if when we recieve the title can we put my daughters name on it too as a person we owe money to. She and her husband lent us money for property taxes for 2 yrs. and also material & labor to put a carport and utility shed on our MH. can they put thier names on the truck and the Atty. won't be able to take it?
We could have paid our bills if I didn't get sick and we are waiting for S/S Disability to come through so my husband has been head of household for almost 2 yrs. so we got behind on everything due to only 1 income.

Sandra - November 15, 2005 4:15 PM

If this Atty. can take my husbands work truck for pymt. for credit card debt, if when we recieve the title can we put my daughters name on it too as a person we owe money to. She and her husband lent us money for property taxes for 2 yrs. and also material & labor to put a carport and utility shed on our MH. can they put thier names on the truck and the Atty. won't be able to take it?
We could have paid our bills if I didn't get sick and we are waiting for S/S Disability to come through so my husband has been head of household for almost 2 yrs. so we got behind on everything due to only 1 income.

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Mary Anne Martin
http://www.floridacararena.com

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