Legal Question in Credit and Debt Law in California

vehicle levy.....

great job! I prevailed in a judgment for about $3500 and i have exhausted all my attempts to collect ( asking for the funds, employer garnishment, ect) now i want to levy her vehicle! however she still owes about 10k, i know that the lein holder will claim it,what are the rules on this? i know its going to cost me $ 600 to 800 if they have to store it and other misc charges but i know these charges will be refunded to me by the defendant at some point,even if i tell her what my intention are will maybe enought to scare her into paying,i have all the info on the vehicle and the where abouts of this vehicle i even have the sheriffs levy instruction ready to sign! Thanks


Asked on 4/10/04, 7:15 pm

1 Answer from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: vehicle levy.....

That's pretty heavy into collections. I think you probably have to give notice to the other side of the sale and at the same time you tell the lien holder -- problem is the lien holder may take all of the sale since they are senior. Maybe a better plan is to Notice her to appear in court to be questioned by the judge and you in court for her bank account numbers, this is what I would do. Then send the Sheriff immediately. Make sure to look at the code provision because you have to put some mandatory notice language in like "Notice you must appear in court, failure results in possible contempt and payment of the petitioner's attorney's fees..." This forces them to show up and usually scares them into paying the smaller claims like this. If they don't pay you just surprise them with a line of questioning for their bank account numbers and immediately send out the sheriff's to empty them. Cost of sheriff's is $210 and then the motion in court... probably $38 if their is continuing jurisdiction. You get those back though if you collect. Total = $248 and you'll get something out of the account, and they will start wanting to pay you off.

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Answered on 4/10/04, 9:45 pm


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