The six-year-old vehicle (worth $6-$7K retail) is free and clear of liens, and in the owner's name (California DMV).
If there is a hearing for the Credit Card Judgement creditor to file for a writ of attachment by the creditor with a Judgement, may the request for a writ be contested at the hearing?
Is it possible for the creditor to obtain a Writ of Attachment without the knowledge or advance notice to the vehicle owner?
Is it also possible to find out whether or not the original credit card (debt is 5 years old) sold this debt to a third-party debt collector? (The original credit card creditor got the Judgement in 2010.)
Does the vehicle owner get advanced notice of any hearing for a Writ of Attachment?
The technical answer is yes, the debtor should receive notice of the action being taken against their property, however, oftentimes creditors are not so honorable as to actually make much of an effort to serve and relay notice to a debtor so frequently this type of collection activity can come as a surprise. Frankly, the creditor does not want the debtor to have advance notice because debtors often will hide the car or take it out of state or somewhere remote to avoid repossession.
The bigger question is how to get away from this judgment and other debts and solve the problem. This is exactly the type of situation bankruptcy was designed for, to protect the assets a debtor may have left that they need to live a normal productive life. Creditors can do all sorts of nasty things with judgments including wage garnishments, bank account levies, and of course writs of attachment. Judgments can be collected on for up to 20 years. Bankruptcy is something to consider. If you have any further questions, please feel free to contact me anytime.
There is no hearing for a writ of attachment ,in genera;. Bit credit card debt is subject to new rules as of 2014--to new rules see http://blog.credit.com/2013/11/new-debt-collection-law-means-for-you-71019/
I will change this to this to settlement, so you better get answers.
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It will be a "Writ of Execution" not a "Writ of Attachment." There will be no hearing unless, after the property is seized, you file a Claim of Exemption. The creditor obtained a judgment after you either 1) failed to appear in court to dispute the debt, or 2) you had a trial and lost. After a judgment is entered, you have no right to ask for proof that the debt was assigned, or the amount of the judgment.
Proper term is "Writ of Execution". No reiht to hearing. You may contest the writ and request hearing.
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