Legal Question in Credit and Debt Law in California
notice of levy
i received a notice of levy under writ of execution (money judgment), the creditor seeks to levy on all bank accounts, there is no mention to levy on my car, could my car be taken away to pay the debt even though the notice doesn't mention it?
3 Answers from Attorneys
Re: notice of levy
It depends what it's worth, and how much equity you have.
Re: notice of levy
A good repo man can have your car on the hook and outta there in 30 seconds flat. It's amazing to watch them work. If you owe a lot of money on the car, it's less likely. But no, they don't have to follow the Marquess of Queensberry rules and send you a written notice so you will be able to go hide your car, if that's what you're asking.
Re: notice of levy
A judgment creditor certainly has the option to attempt to levy and sell your vehicle, but the likelihood of them doing so depends on a number of factors.
First, a vehicle levy is expensive. The San Diego Sheriff's department requires a $1000 deposit before going after a vehicle.
Second, there might not have enough equity in the vehicle the justify the sale. If there isn't enough interest in the vehicle to pay off the lender, pay your exemption to you and recover the cost of the Sheriff's fees, the won't go through the sale.
Finally, the judgment creditor will use the easiest method possible first. Bank levies and wage garnishments are much cheaper and easier to set up then a vehicle levy.