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Zachary
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I sued a woman in small claim court for $1350.00 in new orleans

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I sued a woman in small claim court for $1350.00 in new orleans for her not paying me back and got a default judgement against her for failing to show up in court. I call her many time and wrote certified letters to try to meet with her work out a payment plan but she has not contacted me. Last month I filed a Judgment Debtor Rule against her but the process server, after 3 trys could not deliver because she would not answer her door. Can I put out an attachment and get her 2006 Nissn car and sell it, get my money and give her whatever is left over? OR what else can I do. She does not have a job. She lives around the corner from me. I loaned her the money on 4/5/2012 because she was 2 months behide in her car note and had only 5 months left before paying it out. She does not have real estate property, just the car which is paid by now.
Thanks, XXXXX XXXXX WRight web address:XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.

Hi,

Thank you for your question. You can potentially seize her car to satisfy your judgment. You need to file a Writ of Execution with the court (there should be a form at the clerk's office for this). In it, you need to identify the vehicle (VIN number, make, color, and model) and state precisely where the vehicle is located. Then you file the Writ. You will have to pay a fee of $2.00 for filing an application for writ of execution. Then the sheriff will take the writ and serve it on her and seize the car. The car will then be sold at auction and the money will be used to satisfy your judgment.

The car may be exempt from the judgment, but this exemption can only be claimed if she goes and files for an exemption with the court and establishes her right to an exemption. Generally, if it is the only car she has, she may be able to get the exemption.

Please let me know if you have further questions regarding this subject. Please also remember to rate my answer positively so that I am compensated for my work on your question.

Thanks,

ZDN

Zachary, Attorney
Category: Legal
Satisfied Customers: 3920
Experience: Lead trial/International commercial attorney licensed 11 yrs
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