small claims - big problems

[EastWestInd]

As a judgement creditor in a Small Claims Court I was facing a typical problem of collection on a judgment. Just yesterday I discovered that the debtor has almost new truck but it's owned by him jointly with another person. Here are my questions:
1. Can I request truck repossession with consequent sale to recover my damages or another person ownership interests will preclude me from doing so?
2. Assuming that first question is answered affirmatively, what exactly should I do? Get some kind of a Writ of Execution from the Court Clerk and then go to the Sheriff? Repo company?
3. In order to apply for such a Writ (or?) should I produce proof of ownership from DMV records? I don't have one and I practically tricked DMV operator into giving me the information but I don't have anything in writing
4. Court Judgment was obtained in a county different from the one where judgment debtor resides now. Does it mean I have to "domesticate" this judgment or?

 

[DRUSS1964]

unless the truck is paid for the finace company will most likely have first shot at money recovered from the sale of the truck and if there is zero left then what

 

[ERIN79]

Indiana law states as such:

Just because you have a small claims court judgment against someone doesn’t mean you can automatically collect on it.

Once the court has ruled in your favor, it’s best if you can make an arrangement with the person you’ve sued — now called the "judgment debtor" — for payments over time or some other method of payment. This is the least expensive method of collection, as collection procedures through the courts can be slower and costly. But, if you’ve contacted the debtor and still can’t come to an agreement on how you’ll be paid, the court may have procedures you can follow to collect the money owed to you.

Writ of Attachment/Execution
You can ask the court to order the sheriff to pick up any personal property belonging to the debtor and then sell it to pay the judgment. This order — called a "writ of attachment" or "writ of execution" — must be served by a process server. You will probably have to post a bond to protect the sheriff’s office from being sued in the event the property actually belongs to someone other than the debtor. You will also have to pay to have the property stored while the sheriff advertises for the sale of the item. These costs can be added to the total amount of the judgment and taken out of the money received from the sale of the property. If there is real estate involved, you’ll probably want to consult with a lawyer, as the rules are complicated. Certain property — such as the house in which the debtor lives, any vehicle the debtor needs to get back and forth to work, welfare benefits and social security payments — can’t be taken by the sheriff.

 

[JETX]

As a judgement creditor in a Small Claims Court I was facing a typical problem of collection on a judgment. Just yesterday I discovered that the debtor has almost new truck but it's owned by him jointly with another person. Here are my questions:
1. Can I request truck repossession with consequent sale to recover my damages or another person ownership interests will preclude me from doing so?
2. Assuming that first question is answered affirmatively, what exactly should I do? Get some kind of a Writ of Execution from the Court Clerk and then go to the Sheriff? Repo company?
3. In order to apply for such a Writ (or?) should I produce proof of ownership from DMV records? I don't have one and I practically tricked DMV operator into giving me the information but I don't have anything in writing
4. Court Judgment was obtained in a county different from the one where judgment debtor resides now. Does it mean I have to "domesticate" this judgment or?

First, before anyone can help you, you need to follow the rules of this forum (see the RED text at the top of the screen???). What county and state????

However, here are GENERAL answers to your questions:

Q1) "Can I request truck repossession with consequent sale to recover my damages or another person ownership interests will preclude me from doing so?"
A1) Both the joint ownership AND any outstanding liens by the lender will effectively prevent any levy of the truck. The 'other owner' and the lien holder will each assert their rights first. Then, if there is any equity remaining (unlikely) you MIGHT get something.

Q2) "Assuming that first question is answered affirmatively, what exactly should I do? Get some kind of a Writ of Execution from the Court Clerk and then go to the Sheriff? Repo company?"
A2) See A1.

Q3) "In order to apply for such a Writ (or?) should I produce proof of ownership from DMV records? I don't have one and I practically tricked DMV operator into giving me the information but I don't have anything in writing"
A3) See A1.

Q4) "Court Judgment was obtained in a county different from the one where judgment debtor resides now. Does it mean I have to "domesticate" this judgment or?"
A4) Nope. As long as the assets being considered are in the same STATE as the judgment, then that judgment will be valid in any county in that state.

 

[EastWestInd]

the truck is worth about $8,000. It's owned jointly bu the judgment debtor and some other person. The truck is probably paid off. My claim is only $2800. does it mean that I can demand levy and subsequent sale of the truck. If it sells for $8k and each of the co-owners is entitled for 1/2 then my $2500 comes off of debtor's part? On another hand if I arrange Sheriff's levy and truck goes to the auction where it brings only $5000. Then I have to agree to reduction in my claim satisfaction...which is fine.
The problem might come(or will it?) if the other co-owner in this scenario feels that truck was undersold and is worth much more than the auction brought. Could he then have a claim against me?