Legal Question in Civil Litigation in Wisconsin

judgment enforcement

I got a loan in my name for a friend to purchase a truck. A year later I took him to court becouse he was failing to make the payments and the judgement was for the immediate return of the truck plus 5000 dollors. the judgment was entered two months ago and I still havent got the truck. he locked it in his garage and wont let me have it. Now im stuck with the payments and now he cancelled the insurance on it and the bank is forcing me to pay that as well. The police wont help me get it becouse they say it is a civil matter. what can I do? Can I report it stolen??


Asked on 1/10/08, 7:33 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Replevin Judgment Enforcement as to Vehicle

A writ of replevin (permitting repossession of a vehicle) can be enforced by "self help" provided that one can pick up the car without a "breach of the peace." If the person holding the car resists, however, the sheriff's civil process division must get involved. Vehicle recovery specialists are usually listed in most yellow pages directories. Tow truck operators also often provide this service, so you might start by showing one of them your paperwork to see if it is the type which would allow him to pick up the car. If the vehicle is being concealed, you have further court remedies available against the person in possession for contempt, conversion and concealment of secured property. Generally speaking, court remedies in our justice system are self enforcing, so simply getting the judgment generally does you no good unless you then enforce it via post judgment remedies. Any experienced collection or bankruptcy attorney would be familiar with these. The police will normally not get involved in any dispute over a vehicle unless the complainant is the sole owner on the vehicle title. My guess is that this is not true in your case and that your "ex" is also on the title. However, you might be able to correct that situation via the DMV (dept. of motor vehicles You might also be able to sue the codebtor for contribution toward the payments on the vehicle. Bankruptcy might also help you avoid the need to make payments on a vehicle which you no longer have. In that event, the lender rather than you would have the problem of repossessing the car. Good luck!

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Answered on 1/12/08, 1:20 pm


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