Full question:
I have a judgement against someone. I had a debtors examination and found out that the car they own is free and clear. How do I impound the car and sell it for the money owed to me?
- Category: Judgments
- Date:
- State: Ohio
Answer:
In Ohio, once you have a judgment, you are responsible for collecting the debt from the debtor. If the debtor does not pay within fifteen days, you can request the court to seize their property, sell it, and use the proceeds to satisfy the judgment. This process is known as "Execution on Property."
However, some property is considered "exempt" from execution under Ohio law. Before proceeding, you must ensure that the property you want to seize is not exempt. For personal property like cars, exemptions are based on the debtor's "interest" in that property. For instance, the law allows for an exemption of up to one thousand dollars ($1,000.00) for one motor vehicle. This means that if the car is sold, the first one thousand dollars of the sale must go back to the debtor. Therefore, if the car sells for less than $1,500.00, you may not recover anything from the sale.
While the process may seem straightforward, executing a judgment can be complex. It's advisable to consult with an attorney before taking action.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.