Seizing one's car

[nohope]

I have a an 8 year old car with 150K miles. If a writ of execution has been entered against me for a judgment of $3100 (not related to the car), how does the debtor seize my car ( I do not have title, but will soon...). Can the sheriff just show up with the writ of execution and take my car?

[tobee43]

if they were granted the judgment ...did you get notice that the lien was put on the car against that judgment??

[nohope]

The judgment is not against the car - I am still paying for the car. got letter from bank that a writ of execution was entered and that the bank froze my account. I'm wondering if they can now try to take my car since they got less than $100 from my bank account. (Letter from bank today seems to indicate that they can keep taking funds from my bank account - don't intend to put money in the account but I will get service charges and I'm told I can't close the account - is this true?)

[tobee43]

The judgment is not against the car - I am still paying for the car. got letter from bank that a writ of execution was entered and that the bank froze my account. I'm wondering if they can now try to take my car since they got less than $100 from my bank account. (Letter from bank today seems to indicate that they can keep taking funds from my bank account - don't intend to put money in the account but I will get service charges and I'm told I can't close the account - is this true?)

it's going to depend on your state...many states require that the creditor go back into court to execute the judgment after already placing a lien against your checking account and now decide they'd rather you car...the creditor would have to go back into court and get the lien placed on your car...and normally, in most states you would get a notice in advance of the seizure in an attempt to work out something with the creditor....however, i must stress, your state may have different laws that regular the power of the lien and how in can be obtained...to make certain i would either check with your atty...or spend a few dollars to meet with another atty to find out how it works in your state. just to be safe.

[nohope]

can I close out the checking account (balance is zero right now)? Must the debtor go back to court to levy on the account again in order to take additional funds?

[tobee43]

well, i would close the account that is for certain...and they i would check with a local atty to see if they now have to go back to get to court to get the lien against your car....again...just to be safe.

[BrokeIn2010]

Depending on your state, your car might be protected by your state's property exemptions.

[AngelinaCatHub]

Here is the way it works in FL. YES, they can get a writ to attach and take your car. Here is what will happen. The bailiff (Sheriff Deputy) and a roll back will visit you. The car will be impounded for 30 days. It will be sold at Public auction. You have a right (in FL) for the exemption, a full 1K off the price in the sale amount. The lien (mortgage) must be satisfied within the sale, and if all that is done, then the Sheriff will give a Sheriff Title for the buyer to retrieve their purchased car, and can change Title and own the car. I don't think the creditor can do two things at once, but after taking the bank account funds the differential in the Judgment declines and the car sale then reduces and he then can continue until the whole Judgment has been satisfied.

We know, we did it. 'Hub

[tobee43]

hub, yes it was exactly the same in we came from...in as much as the process...however, one thing was different.

if a creditor already put a lien, or applied the freeze on your bank account they are not allow to hop from asset to asset. once the judgment was granted the creditor, apparently, in this situation the creditor chose to put the "lien" or writ to attach for the judgement against the OP's checking out. in that state i'm not even certain if a creditor can go back in and attempt another get another order for another asset. i guess in some states it means the creditor can go systemacially through your assets item by item until they get their money?? if that's the case...scary stuff!!

i do understand that writ of attachment are usually issued by the court when in the court has found ( NOT that it is not possible that it's not true), however, it's the courts findings one has committed fraud or that a defendant is prepared to hide assets from a court. however, while i know they can freeze assets i was unaware it was all of them!

[BrokeIn2010]

Here is the way it works in FL. YES, they can get a writ to attach and take your car. Here is what will happen. The bailiff (Sheriff Deputy) and a roll back will visit you. The car will be impounded for 30 days. It will be sold at Public auction. You have a right (in FL) for the exemption, a full 1K off the price in the sale amount. The lien (mortgage) must be satisfied within the sale, and if all that is done, then the Sheriff will give a Sheriff Title for the buyer to retrieve their purchased car, and can change Title and own the car. I don't think the creditor can do two things at once, but after taking the bank account funds the differential in the Judgment declines and the car sale then reduces and he then can continue until the whole Judgment has been satisfied.

We know, we did it. 'Hub

But as I understand it, if the car is covered 100% by the exemption then the Sheriff can't sell the car. Like in TN we have $10K in personal property exemption; our car is only worth about $1000 (12 years old, 400k miles, front end trashed, smokes, basic POS but it gets the wife to work-- barely, really should be a junk yard). So the car would be safe, so long as we had declared it in our exemptions during the post-judgement discovery process.

[AngelinaCatHub]

Here is the way it works in FL. YES, they can get a writ to attach and take your car. Here is what will happen. The bailiff (Sheriff Deputy) and a roll back will visit you. The car will be impounded for 30 days. It will be sold at Public auction. You have a right (in FL) for the exemption, a full 1K off the price in the sale amount. The lien (mortgage) must be satisfied within the sale, and if all that is done, then the Sheriff will give a Sheriff Title for the buyer to retrieve their purchased car, and can change Title and own the car. I don't think the creditor can do two things at once, but after taking the bank account funds the differential in the Judgment declines and the car sale then reduces and he then can continue until the whole Judgment has been satisfied.

I can only speak for FL as a Judgment has an implied lien on any real estate. If the bank account has a lien I would not know if they could bounce on to another asset, but if they got a writ to take the account and got 100 dollars but the Judgment was 1000 the Judgment holder can continue onto the rest of the properties. A sheriff gives the writ of attachment, not a Court. The Judgment was given by the Court and is the pass for the writ. It the car is worth equal to or less than the state exemption, then yes it cannot be sold. If the care is worth 2000 and 500 is owed, the care must be sold for more than 1500 at least. 1000 to give the creditor, 500 to pay the mortgage off and let's say it sold for 1600 then only 100 dollars now off the Judgment then the creditor can go after personal items up to the exemption, and on, and on, and on, until his Judgment has been satisfied with interest if that applies. A Judgment can cost a lot more than the original value.

As I mentioned above, we attached a car worth 6500. Paid for. We were the only bidder and purchased it in the Courthouse lobby for a bit more than 1700. The first 1000 went back to the debtor, the expenses were paid out of the rest, and it satisfied $8 dollars and in (eight) of our 1200 Judgment. the 1200 Judgment is still active and growing with 18% interest. We could execute it again but figure the culprit was properly punished and we drove the car for four years.
We know, we did it. 'Hub

hub, yes it was exactly the same in we came from...in as much as the process...however, one thing was different.

if a creditor already put a lien, or applied the freeze on your bank account they are not allow to hop from asset to asset. once the judgment was granted the creditor, apparently, in this situation the creditor chose to put the "lien" or writ to attach for the judgement against the OP's checking out. in that state i'm not even certain if a creditor can go back in and attempt another get another order for another asset. i guess in some states it means the creditor can go systemacially through your assets item by item until they get their money?? if that's the case...scary stuff!!

i do understand that writ of attachment are usually issued by the court when in the court has found ( NOT that it is not possible that it's not true), however, it's the courts findings one has committed fraud or that a defendant is prepared to hide assets from a court. however, while i know they can freeze assets i was unaware it was all of them!

The Court does not issue anything. The Judgment is a legal tool and once displayed (copied) the writ to attach is filled out by the Sheriff, and the item/s lets say a car, will be impounded and is now owned by the Court through the Judgment. 30 days for advertising a sale, then the item is sold. If it is not sold, the Court returns the item to the owner and the Judgment holder can continue onto other collection efforts. This is why I am so much against getting a Judgment and considering them a non issue. They can become a nightmare. 'Hub

[tobee43]

But as I understand it, if the car is covered 100% by the exemption then the Sheriff can't sell the car. Like in TN we have $10K in personal property exemption; our car is only worth about $1000 (12 years old, 400k miles, front end trashed, smokes, basic POS but it gets the wife to work-- barely, really should be a junk yard). So the car would be safe, so long as we had declared it in our exemptions during the post-judgement discovery process.

i don't know...i re-read the post and can't find when or IF the OP filed chapter 7 or 13?? i may have missed it...very possible, but if there is no filing an exemption has nothing to do with the writ....IF pre bk.

[AngelinaCatHub]

But as I understand it, if the car is covered 100% by the exemption then the Sheriff can't sell the car. Like in TN we have $10K in personal property exemption; our car is only worth about $1000 (12 years old, 400k miles, front end trashed, smokes, basic POS but it gets the wife to work-- barely, really should be a junk yard). So the car would be safe, so long as we had declared it in our exemptions during the post-judgement discovery process.

Yes.

[AngelinaCatHub]

i don't know...i re-read the post and can't find when or IF the OP filed chapter 7 or 13?? i may have missed it...very possible, but if there is no filing an exemption has nothing to do with the writ....IF pre bk.

Unless I missed something, the OP has not filed or the automatic stay would stop all that. He mentioned he had a Post Judgment hearing. So, he is suffering collection efforts. 'Hub

[tobee43]

The Court does not issue anything. The Judgment is a legal tool and once displayed (copied) the writ to attach is filled out by the Sheriff, and the item/s lets say a car, will be impounded and is now owned by the Court through the Judgment. 30 days for advertising a sale, then the item is sold. If it is not sold, the Court returns the item to the owner and the Judgment holder can continue onto other collection efforts. This is why I am so much against getting a Judgment and considering them a non issue. They can become a nightmare. 'Hub

very scary stuff!!.......i could NOT imagine someone ever thinking that a judgment is a non-issue...even IF based on a unsecured debt and listed and discharged on a bk....it still requires a motion to vacate.

it needs to be attended to. many people think it's over....but it ain't over until the old cow moo's it's last moo!!