Wednesday, 22 October 2014

If a creditor gets a judgment against me and all I have is a boat a car (paid off), do they usually put a lien on the vehicles or does the...

Question

If a creditor gets a judgment against me and all I have is a boat & a car (paid off), do they usually put a lien on the vehicles or does the ownership get transferred over to them through the court?



Answer

The recording of the judgment creates a lien on all your personal property, but they have to pay the sheriff to seize it, hold it, and sell it. It is not transferred to them through the court. You can claim up to $1000 of equity in a single motor vehicle as being exempt. If you do not own a home you can claim up to $4000 in personal property as being exempt. You have to know how to do it right. Look at Florida Statutes Chapter 222 online to find out more.



Answer

Ownership is not transferred automatically. They would have to bring a further proceeding.



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