Legal Question in Credit and Debt Law in California
In 2007 I loaned my brother in law 96K to buy a Corvett , he was to pay me 800.00 per month but always has an excuse for non payment . How do I put a lien on the vehicle's title so I can sell it for repayment of the car loan and stop him from selling it behind my back . What paper do I file at the courts ? What are the 1st steps I take ? Even his wife ( my sister ) can't make him sell it and repay me . Times were good then but now there not and my house is on the line . My brother inlaw could care less if I lose my home because of his stupid car.
2 Answers from Attorneys
It's too late to put a lien on the car. That had to be, and should have been, put on the car when you made the loan. All you can do is sue for the debt. Once the lawsuit is on file you can file a request for a writ of attachment. That is a disfavored remedy, but one that would be particularly applicable here. That would allow the sheriff to impound the vehicle until the lawsuit is resolved.
1. File a law suit in Collections with proof of loan, agreement, terms, etc....
2. Obtain judgment from clerk if default or court if trial and you are successful.
3. Collection process; order of debtor exam,writ of attachment, order for wage withholding(garnishment), order for sale, etc....
Probable numbers:
Loaned $96K in 2007, lawsuit judgment 2011, collection 2012 and sale = 5 yr old penis car??$40K; balance to wage garnishment? 15-25% of his take home
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