Legal Question in Civil Litigation in California
Vehicle Seizure
I have a small claims case in which the defendant has not paid judgement in over a year. There is a bench warrant out on the defendant but as I was told by law enforcement it has very low priority. Also, this defendant never shows up to court and this can go on indefinitely with court costs. The sherriff told me I could have his vehicle seized. He could not tell me how as he said this is gray area for him to tell me. Can you tell me how a plaintiff can get info on how to seize a car. I only know the make and partial plate #. Please help.
1 Answer from Attorneys
Re: Vehicle Seizure
Step One: start out with $2,000 cash.
Step Two: Get a court order allwoing seizure of the car
Step Three: get a writ of execution on the court order.
Step Four: pay sheriff to take possession of car (usually about $900).
Step Five: Find an auctioneer and give notice of auction
Step Six: Sell car at auction
Step Seven: give debtor $1,900.
Step Eight: pay off entire balance owing to vehicle finance company
Step Nine: collect money after paying auctioneer fees and title transfer fees (if any, of which there usually is none).
Step Eight: now you know why creditors rarely, if ever, try to enforce a judgment by repossessing a vehicle.
Better approach--pay a private investigator $50 to do an asset search on the debtor and find out if he has a job or a bank account then attach those items.
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