I have a judgement against me and have just financed a vehicle. My current company was not pay the judgement. The debtor has not filed for a citation to discover assets to debtor. Can they take possession of my newly financed vehicle?
They would have to pay off the lien and pay your exemption (about $2500 for car, and you could apply your $4000 wildcard to it). If they did that and there was any equity they could get it. That is sufficiently unlikely that cars are not ordinarily seized.
The judgment creditor could obtain such a lien but it would first have to deliver a certified copy of the judgment to the sheriff. In my years of practice, I don't think I've ever heard of such a personal property levy being done but it is possible (the considerable out-of-pocket expenses to the judgment creditor coupled with possible harm to interests and the exemptions a judgment debtor can claim militate against use of this judgment enforcement option). Google and review 735 ILCS 5/12-1001. Good luck.
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