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Can I put a lein on my cousin's car? |
Ok, My cousin agreed that I could leave all my belongings at her place in her storage for no charge and now that I want my things back since we got into a physical fight, she wont give them to me, I took a police escort out to her home to retrieve my belongings also. but she refused. So now that I filed a lawsuit against her in small claims court for my things valuing about $ 3,800.00. I know I will win because of the proof, but I also know that she would not return my belongings and I cannot place a garnishment because she oreceiveseves social security and child support. Her car was paid in full so she owns the car! It's worth about $10,000.00 The exact procedure depends on the state you're in, but the basic answer is as follows. You get a judgment from small claims court for $3800, and then when cousin doesn't fork over the money you submit your judgment to the sheriff with associated paperwork (possibly called writ of execution in your state). The sheriff goes to cousin's house and seizes the valuable property that you listed, such as your own stuff or the car (but only enough stuff to cover the judgment and fees, in the sheriffs opinion), and then the sheriff holds an auction and you eventually get your money. You have to pay sheriff fees from the proceeds as well. It will take a LONG time. There is no point is seeking such a writ if the defendant has no easily seizable property or bank account. IF you win the case, you can ask the court to issue a judgement against her, using that you can put a lien against the car for the amount of the judgement and the costs of getting the lien (at least in most states). Well... does she own the car or is she paying a loan? Regardless of her income source or amount does not relieve her from paying a judgment. Putting a lien on anything only pays when its sold. It don't sound like she will be getting rid of it any time soon. |
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