How do I protect my vehicle in a small claims judgement?

[te4ch]

Hi, I was sued in CA small claims and lost by default, I could not show because I live in Florida. The judgement was mailed to me 3 weeks ago for $7500. My only income is social security, I do have a vehicle worth about $4500. The plaintiff is pursuing every legal means, he has already mailed me a demand for payment, although not certified mail. And just mailed me a statement of assets for me to complete. I am afraid to lose my only vehicle, I bought it with my social security backpay check in February. I'm disabled now and need a vehicle to doctors appts, medication etc. Is there any legal way to protect it so I can still drive it? I heard he could try and have the sheriff auction it!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[OldandTired]

I just found this on the California Courts website. I believe that since the case was adjudicated in California, rules of the Court would apply, but I could be wrong. Here is the link to the website, and the text of your specific question that follows:
[url=http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectmoreways.htm#sheriff]California Courts: Self-Help Center: Small Claims: Collect Your Judgment: More Ways to Collect a Judgment[/url]

Can I have the sheriff take the debtor's car and sell it?
Yes, but this process is fairly expensive. Also, there often isn't enough value, if any, left in the car to pay very much of the judgment. For more information, check out Code of Civil Procedure sections 701.510 This is an external link. Click this icon for our external linking policy. to 701.830 This is an external link. Click this icon for our external linking policy.. You would follow these steps:

* Start by getting information about the vehicle. What is the vehicle identification number (VIN)? Does a bank or other lender have an interest in the vehicle?
* Have the court issue a Writ of Execution (form EJ-130 directed to the sheriff/marshal in the county where the vehicle is located.
* Give the sheriff/marshal written instructions and their fees and deposit (approximately $1,000).
* An officer will then physically remove the vehicle and store it.
* The sheriff/marshal then advertises the public auction of the vehicle and gives notice to the debtor.
* If the vehicle is sold at auction, before you get paid, the sheriff's fees will be paid. Also, the debtor is entitled to $2,300 of the proceeds of the sale (paid to them or to a lienholder) if there's a loan on the vehicle.

I don't know if this applies to a debtor that is out of state though. You might have some protections under Florida law that prohibit the taking of your only vehicle, and especially since you're disabled. You might also be able to file a TRO there, prohibiting the claimant from taking your car.

Just an idea.

[CourtClerk]

Under what circumstances were you sued? And where were you served?

[te4ch]

Ok, I was served in California to my old address. But I responded to the claim in Florida. I tried to fight it for obvious reasons but lost. I was sued for a business loan. The venture failed, I was unable to comply. I borrowed $5000 with a written agreement to pay $6000 within 45 days or turn over my vehicle, the vehicle at the time was actually financed, I no longer have that vehicle. This was 4 years ago Sept 08. I am now permanently disabled with no means to pay back. I just want to be able to keep my only car. I can make arrangements to pay back like $30 month. Im Sorry, but the car is all i have and I'm disabled not able to work.

[CourtClerk]

Originally Posted by te4ch

Ok, I was served in California to my old address.

I was trying to find you an out... but too bad. You were served in CA.

But I responded to the claim in Florida.

There is no such thing as a response in small claims court.

[te4ch]

the papers were given to my old landlord, after I had moved to florida. two months later i went back to visit my son and my landlord gave me the papers. it wasnt not fair, i had no time to respond and I live in Florida.

[CourtClerk]

Once again... there is no such thing as a response in small claims court.

[te4ch]

what you said is cryptic and I do not understand you. please explain what you are saying fully so i can understand it.

[CourtClerk]

Then I'll try and say it in English this time:

You do not/cannot file a response in small claims court.

[te4ch]

The guy just mailed the asset statement to me. It's not from the court. Do I still have to turn this in?

[racer72]

Originally Posted by te4ch

The guy just mailed the asset statement to me. It's not from the court. Do I still have to turn this in?

Send the stuff back, blank, and include a note that when he has a Florida judgment, you will respond. His California judgment is valid only in California.

[te4ch]

I read here: "Get an Order to Produce a Statement of Assets & Appear for Examination:

When the person who lost gets the Notice of Entry of Judgment (SC - 130), they’ll also get a form called the "Judgment Debtor's Statement of Assets" (SC - 133). They’ll have to pay the judgment or fill out the statement and mail it to you.

If the person who lost doesn’t do this, you can get the court to order them to go back to small claims court. File a form called “Order to Produce Statement of Assets and to Appear for Examination” (SC - 134). You will have to pay a fee. The clerk will give you a hearing date.

You must have a sheriff or registered process server serve the Order on the judgment debtor. You should contact the Sheriff's Department in the county where the debtor resides to find out if they will serve the Order. You will have to pay the sheriff or process server to do this. Click here for a link to the Sheriff's Department in Santa Clara County.

The Order won’t be valid unless someone serves it in person at least 10 days before the hearing AND the person who lost lives within 150 miles of the Court. If they live more than 150 miles away, then you'll have to file the "Order to Produce Statement of Assets (SC - 134) plus an Abstract of Judgment (EJ-001) in the county where the other party lives.

The person who lost has to pay you or go to the hearing. If they haven’t paid before the hearing then you have to go to the hearing. The judge will make the person who lost fill out the statement of assets and answer your questions about the property they have and how much money they make. "

DOES THIS MEAN I HAVE TO FLY TO CALIFORNIA TO APPEAR OR HE HAS TO COME HERE, OR I JUST GO TO MY LOCAL COURT?

[racer72]

Originally Posted by te4ch

DOES THIS MEAN I HAVE TO FLY TO CALIFORNIA TO APPEAR OR HE HAS TO COME HERE, OR I JUST GO TO MY LOCAL COURT?

Did you read my post above? The judgment from California is worthless in Florida. The courts in Florida can do nothing with this. California civil courts have no jurisdiction over people in Florida.The only way the judgment creditor can enforce the judgment against you is to come to Florida and have the California judgment domesticated into a Florida judgment.

Send the stuff back blank. Include a note that the California judgment is not valid in Florida. Also state you will no longer respond till he suppllies you with a judgment from Florida.