How toseize cars and boats owned by a debtor that are registered outside of the debtor’s state?
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How toseize cars and boats owned by a debtor that are registered outside of the debtor’s state?
Debtor has exotic cars and 47 ft boat. Boat is registered to a previously owned WA address. Cars are registered to an OR address (property not in the name of the debtor). Can I seize them on a CA Writ of Execution? I want to contract a repo company to seize them.
Asked on February 4, 2011 under Bankruptcy Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, each state has a method for a creditor to register a judgement obtained in another state as long as the judgement was legally obtained in accordance with that state's laws. The state in which the creditor wishes to register the exiting judgement may also have some requirements (like that the judgement was not obtained on default) so you need to check that out. It is done on the basis of "comity" where orders and judgdment are given ful failth and credit. Once you properlyregister in Washington then you need to execute on the judgment based upon the laws in Washington State. You may need help here. Good luck to you.
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