Motion for Perfect Motor Vehicle Lien

[nodoze]

I have a judgment against me for an eviction in 2006. I have paid almost all of it before the economy turned and I started having financial trouble. I wasn't able to pay them for a 6-7 month period and then was able to begin paying again in Sept. Today I got an order on a motion for perfect motor vehicle lien under section 56.29 of the florida statutes.

Is it possible to make a hearing case to fight this motion by claiming that I did and will be making payments and that the value of the motor vehicle is more than the judgement?

Also, I live in a different county than before. Can I request the hearing be moved to my new county?

Any and all help would be appreciated.

[WhoCares1000]

Wow, the vehicle must really be worth more than the judgment and must not have a loan on it if they are going to go through all the trouble of repo'ing it to pay off the judgment. Most creditors do not do that.

I would look into the exemption laws for vehicles in Florida. If there is a loan on the vehicle, realize that in order to get their money, they have to sell the vehicle and pay off the loan on it first as well as all the other fees (which can be attached to the judgment).

If you really do have a vehicle and are in the situation where its value is really worth more than the judgment, then I suggest you sell the vehicle fast, pay off the judgment, and the with what is left over, get another vehicle.

[nodoze]

The vehicle is worth about $4000, and the judgement only has $1800 left to be paid off out of $5200. I think that the CA is just trying to screw with me. I have a few trick up my sleeve, so we'll see.

No there is no loan on the vehicle. It is completely paid off. It is also my only means of transportation at this point.

In florida, once an order has been issued you can't sell or even give away the vehicle. If you try, you can be charged with fraud.

[WhoCares1000]

OK, I misread your first post, the already put the lien on the vehicle. Sounds like they are looking to repo it. However, I have to wonder if selling the vehicle would pay off the loan because:

1) They have to pay you the first $1000 in equity of the car as that is the state exemption

2) They would have to pay repo and storage fees and those are not cheap. That would easily come to another $1000

3) They then get to pay the judgment out of what is left over.

Problem is, They would sell the car not a what you could sell it for as a private individual or even as a trade-in but at the auction lot where you get the least value for the vehicle. Hence, that $4000 can easily be $2500 - $3000 by the time it hits the auction lot and they still have to pay all the fees. I could see if it was a $10,000 car but not a $4000.

[Guest usctrojanalum]

2) They would have to pay repo and storage fees and those are not cheap. That would easily come to another $1000

In New York this gets tacked onto the judgment debtors balance, is this not the case in other jurisdictions? All fees associated with repo get tacked on, just the creditor has to lay them out first.

[WhoCares1000]

In New York this gets tacked onto the judgment debtors balance, is this not the case in other jurisdictions? All fees associated with repo get tacked on, just the creditor has to lay them out first.

Even so, the end result is the same. All that effort and nothing or very little went to the judgment. I could possibly see doing such a thing if the debtor was being a total twit but that is not the case, The OP has paid down more than 50% of the debt before the economy went to hell and now the creditor plans to take away the basic transportation the OP needs to become employed again to pay down the debt. It does not make sense at all.

Of course we are probably talking about national banks, JDBs, and attorneys who do not think about where their actions will lead.

[jq26]

The idea is that for some, the judgment creditor merely breaks even. But for others, they "miraculously" find the money to pay the judgment off when their mode of transportation is now called into question. Some have it, some borrow it.

In PA, they tend to go after bank accounts first, then vehicles. There is no wage garnishment allowed here and there is also no vehicle exemption. So this isn't that uncommon in this state. Can't speak about Florida though.