I have a judgment against me and my wife. We own two vehicles one is our personal car and the other is our business car (has graphic wrap to advertize our business). The equity in the personal car is below the exemption ($2,300) The Business car has $4,500 equity which is below the exemption if the vehicle is used by both husband and spouse in their business. The car does not have commercial plates, is it still considered a commercial vehicle? If the Person with the judgement levied the vehicle and it was exempt who pays for the towing, sheriff and storage fees?
Commercial Vehicle is not defined by the Bankruptcy Code. But California Vehicle code provides:
260. (a) A "commercial vehicle" is a motor vehicle of a type
required to be registered under this code used or maintained for the
transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily for the transportation of
(b) Passenger vehicles and house cars that are not used for the
transportation of persons for hire, compensation, or profit are not
commercial vehicles. This subdivision shall not apply to Chapter 4
(commencing with Section 6700) of Division 3.
(c) Any vanpool vehicle is not a commercial vehicle.
(d) The definition of a commercial vehicle in this section does
not apply to Chapter 7 (commencing with Section 15200) of Division 6.
And the CA Commercial Drivers' Hand book provides:
A commercial motor vehicle is a motor vehicle or combination of vehicles designed or used for either the transportation of persons for compensation or property and:
•Has a gross vehicle weight rating (GVWR) of 26,001 pounds or more.
•Tows any vehicle with a GVWR of 10,001 pounds or more.
•Tows more than one vehicle or a trailer bus.
•Has three or more axles (excludes three axle vehicles weighing 6,000 pounds or less gross).
•Is any vehicle (bus, farm labor vehicle, general public paratransit vehicle, etc.) designed, used, or maintained to carry more than 10 passengers including the driver, for hire or profit, or is used by any nonprofit organization or group.
•Transports hazardous materials requiring placarding.*
•Transports hazardous wastes (Health and Safety Code §§25115 and 25117).*
It's very likely you'd be responsible for post-collection fees as part of your automobile financing agreement with the creditor, because the exemption, if it applies, would be subject to waiver (if you didn't claim the exemption).