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    dancingdobes's Avatar
    dancingdobes Posts: 27, Reputation: 1
    New Member

    Mar 7, 2007, 02:34 PM
    Writ of execution
    Collection agency for a credit card sued and won the judgement. Writ of execution has been filed. Do not own any type of property and house is a rental. Question is: can my vehicle be taken away even though I don't own it, it is financed, the lienholder has the title. I understand about where they can put an attachment on it, but can they come out now and just take it away even though I don't legally own it
    ballengerb1's Avatar
    ballengerb1 Posts: 27,379, Reputation: 2280
    Home Repair & Remodeling Expert

    Mar 7, 2007, 02:52 PM
    You own a portion of the car if you've made your payments. They can go for a judgement to place a lien on the car. The lien is going to just sit there until you try to sell it.
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
    Full Member

    Mar 7, 2007, 03:05 PM
    The collection agency ran a credit report on you and know that you don't own the car. Once it is paid for, then it is fair game. The collection agency would make arrangements through the court to seize the vehicle. The car would then be assigned a value. You would have the opportunity to pay what is due the plaintiff plus the cost of the court case and the towing etc. If the judgment and expenses are not paid, then the vehicle would be sold. The first $1000 of the value is given back to you to purchase another vehicle (more or less depending on your local laws.). The cost of the towing and court costs would be paid. Any monies over and above that would be given to the Plaintiff/collection agency.

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