I won my judgement and then obtained a writ of Execution. It is good for six months. Please advise me how do I go about obtaining a lien on the debtor's vehicle.
The only thing I have is a license plate number, make, model and year. I also think he has another vehicle as well that I am checking into. Thank you in advance.
Debt Collection Attorney
You cannot put a "lien" on the vehicle. You can have the Sheriff seize the vehicle and sell it at auction. You must front the Sheriff's fees, towing, storage, etc. You must give the Sheriff the specific location of the vehicle. they won't search for it. And, you must pay be prepared to pay the debtor the amount of the exemption, about $2,750. If the vehicle sells for more at an "as is" auction, that amount is applied towards your judgment. If there is anything left over after satisfying your judgment, that balance goes back to the debtor. Check with the Sheriff as to their exact fees and requirements.
Lawsuit / Dispute Attorney
As Mr. Lysle stated, the judgment creditor can have a sheriff's sale of personal property, subject to various exemptions, including the exemption for work tools. The process requires you to put some money on the table and invest time to make it happen legally.
It is possible that the debtor may be pushed into bankruptcy if their vehicles are seized. Then, he or she can then use the $23,000 wildcard exemption to exempt the vehicles and discharge a civil judgment.
Robert Stempler (please see DISCLAIMER below)
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