Is it worthed to go after the defendant's car valued at 15K, while defendant owes me 5K from a lawsuit (judgment in hand). Which form to use or what is the name of the process so I can look into tis further ? I asked if it was worthed because someone mentioned to me if I go with that I will have to pay towing parking daily for not sure how long....
Lawsuit / Dispute Attorney
Your street lawyering is suspect. Instead hire an attorney to collect. Banks. Wages. Property.
Personal Injury Lawyer
You cannot take someone's sole means of transportation in Florida, and you cannot touch homesteaded property. It sounds like you may have an uncollectable judgment in hand, which is why most attorneys wont touch such cases.
I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not respond to inquiries about legal representation in other areas of law, so please do not contact me about matters outside my areas of practice. Furthermore, my answers on Avvo do not create an attorney-client relationship. Avvo is not designed for the type of legal analysis I personally require to accept a case. You should always seek a consultation with a licensed attorney who practices in the specific area of law who can fully review the facts of your case.
Unfortunately, you cannot get the car, and even if you could, the judgment debtor could simply declare bankruptcy. I might consider settling with the debtor for less than the $5k, just to get some funds in your pocket.
Answering any question in this forum is not legal advice but is intended for educational/research purposes only; and answering does not create any type of agreement for legal services. You must understand that the answers/consequences may change based on additional facts, circumstances and/or timelines involved; and that the answers are solely to be used as general guidelines and research tools. Always speak to a local Attorney as soon as possible as legal remedies are time sensitive. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. This comment is intended for the exclusive use of the person or persons to whom it is addressed. This message may contain information that is privileged and/or confidential. If the reader of this message is not (1) the intended recipient or (2) the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
The judgment debtor is entitled to a specific exemption of $1,000 against the equity in a vehicle used for personal transportation. Additionally, if the judgment debtor does not own a residence, then they can take a statutory exemption of $4,000 against the equity in addition to the specific $1,000 exemption. Lastly, it is possible for the judgment debtor to apply most or all of a $1,000 wild card exemption for personal property that is afforded by our state constitution. If the vehicle is owned outright, then there may be a chance at recovery. But, if there is a bank loan secured by the vehicle it would get paid first, minus the exemptions (could by as much as $6,000 in total), could leave you with nothing to recover. Also, who ever advised you regarding the costs is correct. You would be responsible for paying costs to the sheriff, costs for the towing, costs for storage, and costs to advertise the sale. You need to recover your costs before you can say you recovered anything meaningful. As a final consideration, keep in mind that the vehicle may be worth $15,000 in a private sale, but at a sheriff's auction it might not sell for half that amount because of the risks involved to the buyer.
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action.