Repossession

Can a civil judgment result in the repossession of a car that is co owned?

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2011-09-12 14:40:14
2011-09-12 14:40:14

If the civil judgment is due to not making payments for an auto loan on the car that is in question, then yes, that car may be repossessed as a result of the judgment.

If there is a judgment against both owners of the car (i.e., if the co-owners are both listed as defendants), then the car is considered an asset and may be repossessed unless there is proof that the car is required for one or all of the co-owners to earn money in order to pay the judgment.

If there is a judgment against only one of the owners of the car (i.e., if one of the co-owners is listed as a defendant, but ANY of the others are not), then no, the vehicle may not be repossessed.

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Related Questions


There are no legal differences between the borrower voluntarily relinquishing a vehicle or the lender having to initiate repossession action (with perhaps the exception of additional monetary charges). If an outstanding balance remains on the original loan amount after the vehicle is sold at public auction the lender can file suit to gain a judgment against the borrower for the amount still owed. If a judgment is awarded the judgment creditor may execute it according to the laws of the state. This being the case it is possible for a judgment holder to place a lien against real property owned by the judgment debtor.

The judgment can be executed as a bank account levy or wage garnisment or liens against real property solely owned by the judgment debtor or to seize and liquidate any unexempt property that is owned by the judgment debtor.

Yes, if the debtor's state vehicle exemption does not protect the vehicle from seizure and sale.

By executing the judgment against real and personal property belonging to the judgment debtor in accordance with the laws of the state where the debtor resides and/or owns property. You file the execution of the writ of judgment with the clerk of the court in the county and state where the judgment was entered and the debtor resides In some situtations a 'foreign judgment' can be executed against real property owned by the debtor that is located in a different state then the debtor's residential state.

The creditor can sue the debtor in civil court. If the creditor wins a judgment (99.9% of the time they will) said judgment can be ebforced against personal property owned by the debtor, for example a levy against a bank account or lien on real property.

If the repossession agent can get to the vehicle without breaking anything or causing a civil disturbance, he can take it. Private, public, or government property, or who signed the loan is irrelevent.

Yes, judgment for a debt is a civil matter and does not affect a persons rights to travel or carry on with their life in a normal way. It can however affect the person's financial situation in several ways. As a wage garnishment or lien against real property owned by the debtor or seizure and liquidation of non-exempt property owned by the debtor or bank account levies.

Yes, if the lender sues the debtor and receives a judgment award, the judgment can be executed against personal or real property owned by the judgment debtor.

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A judgment in most cases (except for small claims) can be executed as a lien against real property. It is not "automatic" the judgment creditor must file the judgment as a lien against property solely owned by the debtor or if the portion that is owned by the debtor when the property is jointly held. Judgment creditor liens cannot be placed against marital property held as Tenancy By The Entirety where only one spouse is the debtor.

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It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.

The judgment creditor or plaintiff can execute the judgment in the manner allowed by the laws of the debtor/defendant's state. Some ways of enforcing a judgment are, garnishment of wages, or levy of bank accounts, or seizure and sale of non exempt property, or liens against real property owned by the debtor. Jointly owned bank accounts can be levied and jointly owned property can have a lien attached by creditors. There are a few states that do not allow wage garnishment. Also, property owned by married couples as Tenancy By The Entirety is not subject to creditor action when only one spouse is the named debtor.

In the majority of US states a judgment holder can execute a judgment in several ways. The preferred method is wage garnishment, other options for the judgment creditor would be; bank account levy or seizure and sale of unexempt personal property or a lien against real property owned by the judgment debtor.

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Yes when a leasing company regains control of an asset it is still considered a Repossession repossession is much easier in a lease agreement than it is in a finance agreement due to the fact that the asset is owned by the leasing company, in a finance agreement you control ownership and the bank only holds security in the asset.

No state, it was owned by Mexico.

If you can't pay the judgement, it will continue to accrue interest. It is good for 10 years and is renewable once for an additional 10 years. The judgment creditor has several options for executing a judgment. In the majority of US states the judgment can be used as a wage/income garnishment or bank account levy or seizure and sale of any non exempt personal property owned by the debtor (stocks, bonds, etc.) or a lien against real property or the portion thereof owned by the judgment debtor.

Methods for collecting a judgment are the levy of bank accounts, seizure and sale of non exempt property belonging to the judgment debtor, or a lien against real property belonging to the debtor, in some cases including the debtor's share of property that is jointly owned. If none of the above methods are viable in enforcement of the judgment the judgment creditor can obtain a wage garnishment. Also, in rare cases the judgment creditor can request the court to order a forced sale of real property to satisfy the debt owed. Actually, in SC the only debt that they can garnish wages for is child support.

Texas only allows wage garnishment if there is no other manner in which the judgment creditor can execute the judgment (bank levy, seizure and sale of unexempt property, lien against real property owned by the judgment debtor).

FiFa (Fi. Fa. or Writ of Fieri Facias). A writ issued by a court pursuant to a judgment in a civil lawsuit. Once recorded in the General Execution Docket, the FiFa becomes a lien against all real property owned by the judgment debtor in the county where the FiFa has been recorded. In most typical transactions, all FiFas must be collected for and paid in full at or before closing. FiFa (Fi. Fa. or Writ of Fieri Facias). A writ issued by a court pursuant to a judgment in a civil lawsuit. Once recorded in the General Execution Docket, the FiFa becomes a lien against all real property owned by the judgment debtor in the county where the FiFa has been recorded. In most typical transactions, all FiFas must be collected for and paid in full at or before closing.

Yes. The judgment creditor can also file an Abstract of Judgment against property owned by the debtor in another state if the action is warranted.

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Generally when a defendant does not appear in a creditor civil suit, the court will award the plantiff a default judgment against the debtor. The judgment creditor can then execute the writ in the manner allowed by the laws of the judgment debtor's state. If a vehicle is not protected under the exemption amount allowed a judgment creditor can place a lien on the vehicle and request a forced sale. However, this is rarely done, as it is time consuming, complicated and seldom results in the judgment creditor recovering all monies owed. Please be advised, a judgment creditor has several options for enforcing the judgment, the preferred method is wage garnishment or bank account levy, followed by the seizure and sale of other non exempt property owned solely by the judgment debtor.


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