Legal Question in Civil Litigation in California

Re: Sherrif's levy on vehicles

You need the sherrif to do it. Contact them for their procedures.

Re: Sherrif's levy on vehicles

You absolutely may not do this yourself. If you take the vehicles yourself you will be committing a serious crime. Get a writ of execution, take it to the sheriff and follow the instructions the sheriff provides.

Ordinarily, when the sheriff arrives he will take the vehicles into custody for a period of time (30 days or so) to give the owner a chance to pay off the judgment and get them back. There isn't much else the defendant can do to reclaim the vehicles if he owns them; if there is a lienholder, though (like a finance company which lent the money used to buy the vehicles) things can get messy as the various parties argue over who is entitled to possession. At the end of that time the sheriff will auction off the vehicles and use the proceeds to pay off the judgment as well as the expenses of executing. If there are funds left over they go back to the defendant.

The sheriff will provide tow trucks or whaever else may be necessary to seize the vehicles. He will then add these costs to the judgment and will deduct them from the proceeds of the sale before paying your share of the proceeds to you. If the proceeds are less then the entire judgment, the sheriff will collect his expenses and you will get what's left; you may then be able to execute against other property of the defendant. If the auction somehow doesn't even bring in enough money to pay the sheriff's costs (including towing, storage and possibly advertising, etc.), then you will have to make up the difference.

Re: Sherrif's levy on vehicles

You should first determine the value of the vehicles. Then chck to see if there is a lien holder, and if so how much is owed on the vehicle.

If the vehicles are sold the payout will be, First the lien holder if any. Second the debtor can exempt $1,200 in one of the vehicles. Third you are paid, the amount of the judgment, and then your costs. If tere is any money left over then the judgment debtor receives it.