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LaurieFrank105 · Feb 23, 2009, 11:50 AM

My daughter, 24, was contacted by a debt collection agency with a writ of execution against her for a Ford Explorer that was repossed several years ago. She was married at the time she bought it, and in the ARMY stationed in NY, but upon leaving the army, she had no job with which to pay her bills, and therefor had to turn her vehichicle over to the financer. She has since divorced and is living in PA.

She is a single mother of two year old twins, and works full time to pay for their bills. The father doesn't contribute, and lives in VA.

She has an older vehicle that was given to her so she could work.

What exactly are these people allowed to do?

George_1950 · Feb 23, 2009, 12:12 PM

Welcome to AMHD. She is living in PA; is the writ of execution from the state of PA? Here is one definition: "A writ of execution is a common court order granted by a court in an attempt to satisfy a judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to levy property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale, and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to confiscate money from the defendant's bank account...." Writ of execution - Wikipedia, the free encyclopedia
She is a 'candidate' for garnishment if, in PA, it is allowed against her employer and her bank.

LaurieFrank105 · Feb 23, 2009, 12:20 PM

I believe the writ is from NY. I am wondering if I should transfer the car into my name so she won't lose her job? It is the only thing she owns, and it is a 90's model saturn wagon.

George_1950 · Feb 23, 2009, 01:15 PM

Originally Posted by LaurieFrank105

...I am wondering if I should transfer the car into my name ....

Probably a good idea; where I live, the sheriff could levy and sell a car that is owned 'free and clear'. You probably should pay her more than a nominal amount to avoid the fraudulent conveyance claim.

JudyKayTee · Feb 23, 2009, 03:00 PM

I agree with George1950 - my only comments would be to ask whether this debt was addressed in her divorce; why she has filed for child support or, if she has, why she is not pursuing him for non payment (certainly this money could improve her life and that of her children); and if the writ says ANYTHING about it being fraud to transfer property following receipt of the Writ. I don't know that anyone is interested in a 90's car - although it can certainly be seized. I am SURE they WILL be interested if there are to be no transfers and a "sale" to a relative will ring bells.

Not a bankruptcy answer but she should try to get support for the children, if not for her, for them.

George_1950 · Feb 23, 2009, 08:42 PM

Originally Posted by JudyKayTee

... why she has filed for child support or, if she has, why she is not pursuing him for non payment (certainly this money could improve her life and that of her children).... she should try to get support for the children, if not for her, for them.

greenie

We don't know anything about the father's circumstances, but on the face of things, as Judy says, your daughter should pursue child support.