Saturday, July 24, 2010

How to Place a Judgment Lien on a Car

How to Place a Judgment Lien on a Car

Collecting a debt that the debtor refuses to pay is a frustrating process for any creditor. Fortunately, the law allows you specific collection remedies if you hold a judgment against an individual who owes you money. A judgment holder has the right to attach a lien to the debtor's car title and use that lien to repossess the vehicle. The judgment holder can then sell the vehicle in an effort to collect the debt. Even if you have no intentions of actually seizing and selling the debtor's car, the fact that you have the legal right to do so gives you additional leverage to recover the debt.

Instructions

    1

    File a lawsuit against the individual who owes you money in the county where he lives. Serve the debtor with a summons and complaint form. Service laws vary by state, but most states dictate that the plaintiff must either hire a process service to serve the defendant or serve the defendant the documents via certified mail.

    2

    Gather evidence proving that the defendant owes you a debt that she did not pay. Come to court on the hearing date and present your evidence to the judge. The defendant also has the right to present evidence supporting her position. The judge will review both sides of the case and make a ruling. If the debtor does not appear at the hearing the judge will automatically rule in your favor -- making you a judgment holder by default.

    3

    Request a certified copy of your judgment from the court clerk.

    4

    Visit the Department of Motor Vehicles in the debtor's state. Request a title search form. The title of the form will differ depending on the state.

    5

    Fill out the title search form and return it to the DMV along with a copy of the judgment proving that you have the legal right to access the debtor's motor vehicle records. The DMV will then provide you with information about any cars the debtor owns, including the make, model and vehicle identification number.

    6

    Ask the DMV for a security interest form. Like the title search form, the official title and number of the security interest form will differ by state. Fill out the form and return it to the DMV. Doing so attaches a lien to the debtor's car. He cannot sell his car without first paying off the judgment and clearing the car's title.

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