Vehicle Lien

[Stover]

What is the name of your state (only U.S. law)? Ohio
I rented my house to a person that totally trashed it. I sued in court and was awarded my judgment for $15,000. Since being awarded my judgment, this person has purchased a Mercedes-Benz. I am not sure if the person has paid for the car in full or if a car note is being paid each month.

Questions:
1. May I place a Secondary Lien on the vehicle if a car note is being paid on the car each month?
2. If the vehicle is paid off and I can levy the vehicle, do I have to have it sold at auction or may I keep it and credit the value of the vehicle against the judgment balance due?

This person now has four car and I know three of them are paid off.

 

[single317dad]

While you await your answer (sorry, I'm not experienced with second judgment liens on secured title vehicles), keep in mind that if this is the debtor's only vehicle, their interest in that vehicle up to $3,225 is exempted from levy per ORC 2329.66. That would apply to the owner's equity in the car (e.g., car valued at $6,000; loan amount $4,000; equity is $2,000 and therefore protected).