Isit possible to lien a vehicle for non-an payment of unsecured loan?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Isit possible to lien a vehicle for non-an payment of unsecured loan?
I lent $3500 to help keep a home out of tax sale. I paid it directly to the tax assessor for a friend. Afterward, they would not pay back nor work off loan and told me “I’m stiffed”. Can I lien his truck for payment or what else could I do?
Asked on September 21, 2011 under Bankruptcy Law, Arizona
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You would first need to file a lawsuit (check your state's small claims court to see what the limit is). If you have reached the cap, go ahead and file in traditional civil court and make sure you have any evidence of the loan with you. From checks or payments you made to the tax authority to emails or voicemails you have from this person and to this person regarding this loan. Once and if you obtain a judgment against the person, you can then go back to court to obtain a payment plan or arrange the court order to then attach to any bank account he has or banking item and also to file a lien against his motor vehicle. Keep in mind, however, if you are behind the lender, then your lien is a second position lien.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.