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cunfuzed · May 20, 2009, 01:04 PM

if a notice of lien is filed against a person who doesn't own real estate or a car or anything of value, how can the lien be enforced?
In this case, the money owed is for a loan for a care. The car was repossed by there was a still a large fee. I lien was recorded with the court. I am just curious how it will be enforced if the obligor (not me) doesn't have any real estate, and doesn't own the title to the care they have now.

this8384 · May 20, 2009, 02:37 PM

I'm not following. Are you saying that a mechanic's lien was placed on the vehicle but that the vehicle was repossessed by the original lienholder who financed the vehicle?

If that's completely wrong, then you need to explain the situation in a lot more detail before we can give you the correct answer.

cunfuzed · May 20, 2009, 06:51 PM

Originally Posted by this8384

I'm not following. Are you saying that a mechanic's lien was placed on the vehicle but that the vehicle was repossessed by the original lienholder who financed the vehicle?

If that's completely wrong, then you need to explain the situation in a lot more detail before we can give you the correct answer.

OK, this guy years ago, had a car. Back in about 2002, He defaulted on the loan owing more than 15k. The credit company repossed the car but he still owed more than 10k afte that. The court case search states that as of 4/2009 a notice of lien recordation has been entereed against him . So, what does that mean. What could happen.

He recently got a car that I believe he is leasing since December 2008. Can they repossess that car. What else can they do as far as a lien. The case search didn't indicate they type of lien against him.

Fr_Chuck · May 20, 2009, 06:59 PM

There is a judgement basically from this, so they, in states where it is allowed, garnish their pay check, attach their bank accounts

A leased car is not owned

The "lien" is not really a lien, but they would have gotten a judgement *** my guess from your story

ScottGem · May 20, 2009, 06:59 PM

The lien was the loan on the car. A lien can only be recorded against tangible property.

this8384 · May 21, 2009, 06:27 AM

Originally Posted by cunfuzed

ok, this guy years ago, had a car. Back in about 2002, He defaulted on the loan owing more than 15k. The credit company repossed the car but he still owed more than 10k afte that. The court case search states that as of 4/2009 a notice of lien recordation has been entereed against him . So, what does that mean. What could happen.

he recently got a car that I believe he is leasing since december 2008. Can they repossess that car. What else can they do as far as a lien. the case search didnt indicate they type of lien against him.

If they repossessed Car #1, they wouldn't file a lien against it. It sounds like they sued him - he probably didn't show up and a default judgment was awarded to the plaintiff.

The original lender cannot repossess Car #2 but they can place an additional lien on it, or on anything else that has his name on it(real estate, bank accounts, etc.)

AK lawyer · May 21, 2009, 08:58 AM

Originally Posted by cunfuzed

ok, this guy years ago, had a car. Back in about 2002, He defaulted on the loan owing more than 15k. The credit company repossed the car but he still owed more than 10k afte that. The court case search states that as of 4/2009 a notice of lien recordation has been entereed against him . So, what does that mean. What could happen.

he recently got a car that I believe he is leasing since december 2008. Can they repossess that car. What else can they do as far as a lien. the case search didnt indicate they type of lien against him.

Is it possible that the 4/09 notice of lien refers to the car he leased in 12/08? This is confusing us because a "court case search" wouldn't normally pull up non judicial liens (as you appear to be describing). I would track down the actual "notice of lien recordation" and see what it actually says.

cunfuzed · May 21, 2009, 10:09 AM

Originally Posted by AK lawyer

Is it possible that the 4/09 notice of lien refers to the car he leased in 12/08? This is confusing us because a "court case search" wouldn't normally pull up non judicial liens (as you appear to be describing). I would track down the actual "notice of lien recordation" and see what it actually says.

No its not the same car. He had a car that he bought through Ford motor credit company, which is a lender. When he moved away, he just left the car and didn't pay on the loan anymore. A judgement was entered on what he owed. I don't know how they came up with that amount but they did, and as it stands now, he owes 12k or something like that.

This loan among, along with other bills, he stopped paying on at least since 2005. Now, they creditors are coming after him. I looked up on my states court case search, and a foreign judgement from that previous state was entered against him. The last entry states Notice of Lien recordation. I was asking what kind of lien?

Now, I know that this guy doesn't own a single piece of property. The car he has now, he is buying through a pay as you go program, which helps people with bad credit get cars caus they can't afford loans.

Can they take the new car?

ScottGem · May 21, 2009, 10:12 AM

Not likely because he probably doesn't own the car until its paid off.

this8384 · May 21, 2009, 10:16 AM

Originally Posted by cunfuzed

Can they take the new car?

I already said they couldn't. They can put a lien on it, which will prevent him from being able to sell it to anyone until the lien is cleared.

It won't do Creditor A any good to repossess the car because they'll have to pay off Creditor B before they can sell it... and odds are that he completely overpaid to begin with.

cunfuzed · May 21, 2009, 10:37 AM

Originally Posted by this8384

I already said they couldn't. They can put a lien on it, which will prevent him from being able to sell it to anyone until the lien is cleared.

It won't do Creditor A any good to repossess the car because they'll have to pay off Creditor B before they can sell it....and odds are that he completely overpaid to begin with.

Gotcha! Thanks guys. So basically, if he doesn't own any real property, they can do other things like freeze his bank accounts. What about personal items, such as ipods, PS3, furniture?

this8384 · May 21, 2009, 10:40 AM

Originally Posted by cunfuzed

gotcha! thanks guys. So basically, if he doesnt own any real property, they can do other things like freeze his bank accounts. What about personal items, such as ipods, PS3, furniture?

An iPod isn't worth their time. Usually they only go after the big things: accounts, real estate, vehicles, etc.

AK lawyer · May 21, 2009, 11:20 AM

Originally Posted by cunfuzed

The last entry states Notice of Lien recordation. I was asking what kind of lien?

Someone filed the notice in the court? It could be anything. That's why you need to go to the courthouse, ask to see the file, and read the notice.

JudyKayTee · May 21, 2009, 11:31 AM

Originally Posted by this8384

I already said they couldn't. They can put a lien on it, which will prevent him from being able to sell it to anyone until the lien is cleared.

It won't do Creditor A any good to repossess the car because they'll have to pay off Creditor B before they can sell it....and odds are that he completely overpaid to begin with.

Maybe if you'd type in caps - :)

cunfuzed · May 21, 2009, 12:26 PM

A lawyer for the credit company took care of the court filings.

Ok, thanks all. No need to type in caps