Seizing one's car

[AngelinaCatHub]

Now I have a question. I wonder if the Judgment dies with the Judgment holder or goes into the estate? Maybe JB can chime in here? 'Hub

[tobee43]

Now I have a question. I wonder if the Judgment dies with the Judgment holder or goes into the estate? Maybe JB can chime in here? 'Hub

you do?? i'll be awaiting jb's answer....my vote is:

if the judgment is vacated and the motion is granted and an order is issued stating same....the judgment dies...JUST my vote! let's hopefully see what jb says...

[BrokeIn2010]

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

Which would give him the same legal exemptions, but he has to make sure that what's he's protecting is/was declared during whatever asset discovery process comes about.

[AngelinaCatHub]

you do?? i'll be awaiting jb's answer....my vote is:

if the judgment is vacated and the motion is granted and an order is issued stating same....the judgment dies...JUST my vote! let's hopefully see what jb says...

Which would give him the same legal exemptions, but he has to make sure that what's he's protecting is/was declared during whatever asset discovery process comes about.

No, neither understood my question. Not related to bk, if a holder of a Judgment against a person, the holder dies, is the Judgment still active and then the estate executor can execute it or does the Judgment go moot.

Like this, a Power of Attorney give right to deal for a living person. Once that person dies, the P.O.A. dies with him. Then the Will picks up where the P.O.A. left off. (through probate)

[tobee43]

No, neither understood my question. Not related to bk, if a holder of a Judgment against a person, the holder dies, is the Judgment still active and then the estate executor can execute it or does the Judgment go moot.

Like this, a Power of Attorney give right to deal for a living person. Once that person dies, the P.O.A. dies with him. Then the Will picks up where the P.O.A. left off. (through probate)

ok...probate...I KNOW this... (<-----with my hand up in the air as high as it can go...pick me pic me!!) ooooo!!......at least on a federal level and jb will straighten me out if i am incorrect......


yes.....the debt reverts into the estate...it MUST be cleared prior to the estate clearing the probate courts...but who knows what happens in florida...LOL!!!!

[AngelinaCatHub]

Here is an excellent description in FL. I note the laws have changed a bit as we got our writ to levy directly from the Sheriff. Also the liens were good for more years, now only five years and then burn out unless renewed. I am sure this is similar in all other states but Google your own state for details they all see it differently. 'Hub

http://www.clerk.co.okeechobee.fl.us/PDF%20Files/How%20To%20Collect%20a%20Judgment%20In%20Florida.pdf

[tobee43]

Here is an excellent description in FL. I note the laws have changed a bit as we got our writ to levy directly from the Sheriff. Also the liens were good for more years, now only five years and then burn out unless renewed. I am sure this is similar in all other states but Google your own state for details they all see it differently. 'Hub

http://www.clerk.co.okeechobee.fl.us...%20Florida.pdf

it also appears it has to be specific as to the writ...which type of property etc....so here's my point if one already put the lien on the checking account...how could one then go after the car without repeating the process???

[Bell30656]

Wouldn't the creditor's lien be the junior lien to the OP's finance company on the vehicle loan? I would think that if the asset (vehicle in this case) were seized to satisfy a debt the senior lien would have to be paid first meaning that the junior lien holder would most likely get nothing other than a tow bill for his/her troubles.

Here in Georgia we have the Writ of FiFa executed by the judgment holder with the aid of the sheriff's office. However, when a vehicle is involved the creditor has additional steps involved that require the addition of the new lien onto the title.

[tobee43]

Wouldn't the creditor's lien be the junior lien to the OP's finance company on the vehicle loan? I would think that if the asset (vehicle in this case) were seized to satisfy a debt the senior lien would have to be paid first meaning that the junior lien holder would most likely get nothing other than a tow bill for his/her troubles.

Here in Georgia we have the Writ of FiFa executed by the judgment holder with the aid of the sheriff's office. However, when a vehicle is involved the creditor has additional steps involved that require the addition of the new lien onto the title.

a great point...we are just assuming there is NO first lien here...and if there is i don't think the writ could be enforced...

[Bell30656]

The OP in post 3 stated that he/she was still paying for the car. I believe this would make it pretty difficult to seize without satisfying that primary lien.

[AngelinaCatHub]

No folks: I did mention that you CAN attach, but the sale has to cover the expenses as well as the first lien. That was made clear. If a sale cannot do that, the car is returned. and the creditor can then proceed onto other recovery. 'Hub

[tobee43]

No folks: I did mention that you CAN attach, but the sale has to cover the expenses as well as the first lien. That was made clear. If a sale cannot do that, the car is returned. and the creditor can then proceed onto other recovery. 'Hub

bell...thanks!! i knew i missed it somewhere!

so, actually...as hub is pointing out, the sale would have to cover both...or at least close enough for the creditor sitting second in line to be happen enough with the amount left after the first lien was cover.

but hub...you're saying move on to "proceed onto other recovery"...that's where my question comes in........does the credit need to go back then to the sheriff and start the process all over again.

[treehugger1]

tobe, you mentioned earlier in this thread that if one did not declare BK, then exemptions do not apply. This is not true. Almost all states have exemptions against judgment collections. In my state, the exemptions are the same as those used for BK. In Oregon, the state does not recognize the federal BK exemptions. As a result, the stste exemptions against seizure are the same ones used in a BK.

In terms of automatic liens against a vehicle, this varies from state-to-state. In Oregon, a judgment can lead to an automatic lien against any real property the judgment debotr has in the county. Vehicles are not considered real property. I see plenty of repo's here, but I seldom hear of someone having their car taken to satisfy a judgment. We have a $3000 vehicle exemption. I suppose this explains why there are so few vehicle seizures here, outside of repo's.

[Freddy03]

Because of my judgment I have asked around (local attorneys and court clerks) about seizing one's car to satisfy the judgment. Everyone I've talked to said it is not common practice in Central Fl because it's pretty costly and unless you have a paid off newer car a creditor isn't interested in it. They would rather go after bank accounts and wage garnishments.

[backtoschool]

tobe, you mentioned earlier in this thread that if one did not declare BK, then exemptions do not apply. This is not true. Almost all states have exemptions against judgment collections. In my state, the exemptions are the same as those used for BK. In Oregon, the state does not recognize the federal BK exemptions. As a result, the stste exemptions against seizure are the same ones used in a BK.

In terms of automatic liens against a vehicle, this varies from state-to-state. In Oregon, a judgment can lead to an automatic lien against any real property the judgment debotr has in the county. Vehicles are not considered real property. I see plenty of repo's here, but I seldom hear of someone having their car taken to satisfy a judgment. We have a $3000 vehicle exemption. I suppose this explains why there are so few vehicle seizures here, outside of repo's.

I agree with treehugger1. I would add however that some states have different exemptions for judgments than they do for bankruptcy. New York does not recognize federal exemptions but has different exemptions for judgments than for bankruptcy. (this is due to the horrible nyc Marshalls that New York has to collect on judgments).

Many states allow automatic liens on automobiles if they are owned outright. Michigan allows fully owned vehicles to be seized to pay judgments for example.