Help collecting judgment

[mckaypk]

What is the name of your state (only U.S. law)? Colorado

I was awarded a judgment in a divorce in Colorado. We have already been to court for contempt, which due to his inability to pay he was not convicted. The judge ordered that we come up with an agreement to avoid futher legal proceedings, that was 9 months ago. I want to repo a vehicle (not his only vehicle and I do have the VIN)), which I am told I can do, but do not know how to go about it. The vehicle has a first lien, which he is fixing to loose due to lack of payment(1600.00 total owed on original Harley Davidson loan). I would like to place a second lien, repo the vehicle and satisfy the first lien. Where do I start. The vehicle is in Texas and he has refused to fill out interogatories.

[Ohiogal]

Originally Posted by mckaypk

What is the name of your state (only U.S. law)? Colorado

I was awarded a judgment in a divorce in Colorado. We have already been to court for contempt, which due to his inability to pay he was not convicted. The judge ordered that we come up with an agreement to avoid futher legal proceedings, that was 9 months ago. I want to repo a vehicle (not his only vehicle and I do have the VIN)), which I am told I can do, but do not know how to go about it. The vehicle has a first lien, which he is fixing to loose due to lack of payment. I would like to place a second lien, repo the vehicle and satisfy the first lien. Where do I start. The vehicle is in Texas and he has refused to fill out interogatories

Sue him in court for the vehicle to satisfy the judgment.

[mckaypk]

What paper work do I submit

[LdiJ]

Originally Posted by mckaypk

What is the name of your state (only U.S. law)? Colorado

I was awarded a judgment in a divorce in Colorado. We have already been to court for contempt, which due to his inability to pay he was not convicted. The judge ordered that we come up with an agreement to avoid futher legal proceedings, that was 9 months ago. I want to repo a vehicle, which I am told I can do, but do not know how to go about it. The vehicle has a first lien, which he is fixing to loose due to lack of payment. I would like to place a second lien, repo the vehicle and satisfy the first lien. Where do I start. The vehicle is in Texas and he has refused to fill out interogatories

There is a way to do it that could be easier, and has worked for many people.

It requires you to be in strong contact with the original loan company and to have some available cash.

Basically what happens is that you cooperate with the loan company repossessing the car, and then you redeem the car for the amount past due. You either then continue on with the original loan, or you refinance.

It requires strong communication with the original loan company to avoid your own credit getting badly dinged.

[Ohiogal]

Originally Posted by LdiJ

There is a way to do it that could be easier, and has worked for many people.

It requires you to be in strong contact with the original loan company and to have some available cash.

Basically what happens is that you cooperate with the loan company repossessing the car, and then you redeem the car for the amount past due. You either then continue on with the original loan, or you refinance.

It requires strong communication with the original loan company to avoid your own credit getting badly dinged.

That would only work though IF she were on the loan for the vehicle. My understanding of this -- and I could be wrong -- is she has a judgment and she wants to put a lien for the judgment against his property -- this car -- to satisfy said judgment but that she is not on the loan for the car. In other words the judgment is SEPARATE from the vehicle.

[LdiJ]

Originally Posted by Ohiogal

That would only work though IF she were on the loan for the vehicle. My understanding of this -- and I could be wrong -- is she has a judgment and she wants to put a lien for the judgment against his property -- this car -- to satisfy said judgment but that she is not on the loan for the car. In other words the judgment is SEPARATE from the vehicle.

In re-reading you are probably right. Therefore my idea would not work.

[mckaypk]

So how do I go about this. I have been told to get a copy of the transcript and perform a title search, but then what, where do I file the lien. Then how do I go about getting an order of repossession.

[Ohiogal]

Originally Posted by mckaypk

So how do I go about this. I have been told to get a copy of the transcript and perform a title search, but then what, where do I file the lien. Then how do I go about getting an order of repossession.

You need a court order allowing you to put a lien against his property. You need to either read the local rules/rules of civil procedure/statute for your state OR hire a collections attorney.