Post Judgment Remedies
A Writ of Execution may Levy on the Debtors Motor Vehicle
Levying on a debtor’s vehicle is sometimes dangerous. If a marshal/sheriff or other authorized officer of the court levies on the debtor’s vehicle, the creditor must pay off all present lien holders (legal owners), and if it’s the debtor’s only vehicle, he/she has a $1,200.00 exemption.
If the vehicle is in poor condition or over financed, it could cost money to levy upon it. Run a check on the license number of the vehicle through the department of motor vehicles to determine who the registered owners are and if there are any liens on the vehicle (legal owners). If there are any legal owners, the creditor should obtain a payoff figure from them (preferably in writing). If it appears that there is equity in the vehicle(s) after deducting the payoff and applicable exemptions, the creditor should attempt to see the condition of the vehicle prior to levying upon it. It is also advisable to consult the advice of counsel before levying on a vehicle.