Steps after judgement

[titansfan1234]

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

I've had a judgement against someone in Tennessee for about 2 years and I just recently found where they currently work/live. Since they haven't paid, I'm somewhat confused as to my next steps. I think I can do a garnishment (which I believe is a Writ of Attachment) against them, but it would take years for it to be paid off. I'd like to try and have their vehicle seized and auctioned to pay the debt much quicker. Is that what a Warrant to Recover is for? If not, I don't know my next steps to take. Any assistance is appreciated.

 

[swalsh411]

So your brilliant plan is to take their means of transportation (presumably used to get to work) and you think this will result in them paying you off sooner? With what job?

I would recommend a wage garnishment.

 

[bdancer]

You would be better off garnishing their wages or attaching bank accounts.

Going thru all the steps to go after the vehicle will cost you more money. It's likely the vehicle has a loan or isn't worth enough to cover your judgment, especially when you add the cost to repo and sell the vehicle.

 

[titansfan1234]

So your brilliant plan is to take their means of transportation (presumably used to get to work) and you think this will result in them paying you off sooner? With what job?

I would recommend a wage garnishment.

Thanks for your response, but you clearly didn't read and/or understand what I was asking. I was wondering if I could have a vehicle seized, (the vehicle is fully paid for and is worth much more than the amount owed to me) auctioned off, and have the debt to me paid off with the remainder of the funds being returned to the defendant. The purpose being that the debt is paid off all at once and the defendant uses the remaining funds to purchase another vehicle. Is this possible?

 

[titansfan1234]

You would be better off garnishing their wages or attaching bank accounts.

Going thru all the steps to go after the vehicle will cost you more money. It's likely the vehicle has a loan or isn't worth enough to cover your judgment, especially when you add the cost to repo and sell the vehicle.

Thank you!

 

[latigo]

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

I've had a judgement against someone in Tennessee for about 2 years and I just recently found where they currently work/live. Since they haven't paid, I'm somewhat confused as to my next steps. I think I can do a garnishment (which I believe is a Writ of Attachment) against them, but it would take years for it to be paid off. I'd like to try and have their vehicle seized and auctioned to pay the debt much quicker. Is that what a Warrant to Recover is for? If not, I don't know my next steps to take. Any assistance is appreciated.

First of all “Writ of Attachments” are issued prior to a judgment, not following the entry of judgment.

Such writs are designed for a specific purpose and available only under certain exigencies when deemed necessary in to order preserve and prevent concealment or alienation of assets of a defendant prior to judgment. They are infrequently issued and normally require the posting of bond to indemnify the debtor should it develop that the writ was improperly issued.

If you wish to have your judgment debtor’s vehicle seized and sold in satisfaction of the judgment you would first need to first secure from the court a "Writ of Execution". Then deliver it to the local sheriff with written instruction to seize the vehicle and dispose of it according to Tennessee law.

HOWEVER, unless the debtor has an equity interest in the vehicle sustantially in excess of $10,000 there would be no practical purpose in having the Writ thus levied.

Read below and you will understand why:

Tennessee Code Section 26-2-103. Personal property selectively exempt from seizure.

Personal property to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest shall be exempt from execution, seizure or attachment in the hands or possession of any person who is a bona fide citizen permanently residing in Tennessee, and such person shall be entitled to this exemption without regard to the debtor's vocation or pursuit or to the ownership of the debtor's abode. Such person may select for exemption the items of the owned and possessed personal property, including money and funds on deposit with a bank or other financial institution, up to the aggregate value of ten thousand dollars ($10,000) debtor's equity interest.

 

[titansfan1234]

latigo, thanks for the info. I've downloaded the entire Tennessee Code for this situation. I appreciate it.