I HAVE ONLY TWO ASSETS, CAN THEY TAKE THESE TITLED VEHICLES IF ON DISABILITY?
Full Question:
I HAVE A LOAN, I TOOK OUT DISABILITY INSURANCE ON THE LOAN, I BECAME DISABLED APPLIED FOR THE LOAN AND THE INSURANCE COMPANY WAS MAKING THE PAYMENTS. I RECEIVED A PHONE CALL FROM THE LOAN COMPANY WANTING TO KNOW WHY I WASN'T MAKING THE PAYMENTS FOR OVER A YEAR NOW, AND WHY I DIDN'T TAKE THERE OFFER TO SETTLE FOR A LESSER AMOUNT. I THOUGHT IT WAS TAKEN CARE OF BECAUSE I RECEIVED A FORM FOR ME TO TAKE TO MY DOCTOR AND SIGN. I DID AND RECEIVED A LETTER FROM THE COMPANY THAT PAYMENT WERE BEING MADE, SO I GAVE IT NO MORE THOUGHT, I AM STILL DISABLED AND WILL NEVER BE ABLE TO WORK AGAIN. NOW THEY HAVE THREATENED TO TAKE MY ASSETS IF I DON'T PAY THE WHOLE AMOUNT. MY QUESTION; I HAVE ONLY TWO ASSETS AND 1990 CHEVY VAN AND A 1996 RV THAT I LIVE IN, CAN THEY TAKE THESE TITLED VEHICLES? ONE VEHICLE IS IN MINE AND MY DAUGHTERS NAME AND THE VAN IS IN JUST MINE...
05/22/2007 |
Category: Judgments |
State: Washington |
#5633
Answer:
The following is a WA statute:
RCW 6.15.010
Exempt property.
Except as provided in RCW 6.15.050, the following personal property shall be exempt from execution, attachment, and garnishment:
(1) All wearing apparel of every individual and family, but not to exceed one thousand dollars in value in furs, jewelry, and personal ornaments for any individual.
(2) All private libraries of every individual, but not to exceed fifteen hundred dollars in value, and all family pictures and keepsakes.
(3) To each individual or, as to community property of spouses maintaining a single household as against a creditor of the community, to the community:
(a) The individual's or community's household goods, appliances, furniture, and home and yard equipment, not to exceed two thousand seven hundred dollars in value for the individual or five thousand four hundred dollars for the community, said amount to include provisions and fuel for the comfortable maintenance of the individual or community;
(b) Other personal property, except personal earnings as provided under RCW 6.15.050(1), not to exceed two thousand dollars in value, of which not more than two hundred dollars in value may consist of cash, and of which not more than two hundred dollars in value may consist of bank accounts, savings and loan accounts, stocks, bonds, or other securities;
(c) For an individual, a motor vehicle used for personal transportation, not to exceed two thousand five hundred dollars or for a community two motor vehicles used for personal transportation, not to exceed five thousand dollars in aggregate value;
(d) Any past due, current, or future child support paid or owed to the debtor, which can be traced;
(e) All professionally prescribed health aids for the debtor or a dependent of the debtor; and
(f) To any individual, the right to or proceeds of a payment not to exceed sixteen thousand one hundred fifty dollars on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; or the right to or proceeds of a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor. The exemption under this subsection (3)(f) does not apply to the right of the state of Washington, or any agent or assignee of the state, as a lienholder or subrogee under RCW 43.20B.060.
(4) To each qualified individual, one of the following exemptions:
(a) To a farmer, farm trucks, farm stock, farm tools, farm equipment, supplies and seed, not to exceed five thousand dollars in value;
(b) To a physician, surgeon, attorney, clergyman, or other professional person, the individual's library, office furniture, office equipment and supplies, not to exceed five thousand dollars in value;
(c) To any other individual, the tools and instruments and materials used to carry on his or her trade for the support of himself or herself or family, not to exceed five thousand dollars in value.
For purposes of this section, "value" means the reasonable market value of the debtor's interest in an article or item at the time it is selected for exemption, exclusive of all liens and encumbrances thereon.
(5) Tuition units, under chapter 28B.95 RCW, purchased more than two years prior to the date of a bankruptcy filing or court judgment.