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Home » Judgment Collection » Your Car Is Repossessed: How Do You Protect Your $1.000 Exemption?

Your Car Is Repossessed: How Do You Protect Your $1.000 Exemption?

ByJon Alper November 7, 2009May 26, 2022

A man called me the other day with a question about his car which had been  seized by his creditor. The sheriff towed the car. The creditor told this man that the car would be sold at an auction. The man had learned that Florida law exempts $1,000 of car equity. He asked me if I knew how he could claim his exempt $1,000 from the car auction proceeds. I did not know the answer. My experience with car exemption is through Chapter 7 bankruptcy cases, and I am not familiar with auction and exemption claims outside of bankruptcy court.

I posed this question to Larry Kosto, Esq., of Kosto and Rolella, P.A., a prominent collection and bankruptcy law firm. Mr. Kosto has repossessed many cars during his legal career. He explained that the procedures for car levy and sales is set forth in Florida Statute 222.061. The Statute provides, in part, that after a court issues a judgment and writ of execution the debtor can file with the court an inventory of exempt personal property. A debtor’s inventory would include the claim of a $1,000 car exemption. If the creditor objects to the filed exemption the court will hold a hearing. The prevailing party may get attorneys fees. It’s a complicated procedure. I usually recommend that people defending a judgment collection retain an experienced collection attorney, such as Mr. Kosto, to assert their exemptions in court.

Last updated on May 26, 2022

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Jon Alper

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  • Home
  • Learn More
    • Asset Protection
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      • Asset Protection Trust
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      • Divorce
      • Doctors
      • Equity Stripping
      • Exemptions
      • Florida Residency
      • Fraudulent Transfers
      • Homestead Law
      • How Attorneys Help
      • Strategies
      • Tenants By Entireties
      • UTMA Accounts
    • Business Planning
      • Business Entities
      • LLCs
      • LLC Operating Agreement
      • Real Estate Investors
    • Offshore Planning
      • Nevis LLC
      • Offshore Bank Accounts
      • Offshore Planning
      • Offshore Trusts
    • Judgment Collection
      • Judgment Collection
      • Bitcoin and Cryptocurrency
      • Deficiency Judgments
      • Fact Information Sheet
      • Head of Household
      • IRS Tax Debt
      • Not Paying Judgments
      • Statute of Limitations
      • Wage Garnishment
      • Writ of Garnishment
    • Wills and Trusts
      • Avoiding Probate
      • Estate Planning
      • Gun Trusts
      • Inheritance Tax
      • Irrevocable Trusts
      • Last Will and Testament
      • Living Trusts
      • Living Will
      • LGBT Estate Planning
      • Power of Attorney
      • Probate
      • Special Needs Trust
      • Trust Administration
    • Bankruptcy
      • Attorney Fees
      • Chapter 7 Bankruptcy
      • Chapter 13 Bankruptcy
      • Dealing With Creditors
      • Involuntary Bankruptcy
      • Moral Issues
      • Orlando Bankruptcy
      • Student Loans
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      • Lady Bird Deed
      • Land Trusts
      • Quit Claim Deed
      • Warranty Deed
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