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P. Simmons
P. Simmons, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 34989
Experience:  16+ yrs. of legal experience.
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I recently purchased a fifth wheel travel trailer very small

Customer Question

I recently purchased a fifth wheel travel trailer for a very small amount of money. The bluebook value on it is more than 4 times as much as my original purchase price. $44,360 to be exact. I have a lot of medical bills and a lot of them went into collections, judgments and liens. If I go to the DMV in Virginia and title this RV in my name, can my debtors place any type of hold on my title? My plan is to flip the RV and I want to do it the legal way and not pass the signed title over to someone with the previous owners signature on it. I want a very thorough, 100% accurate answer to this question.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Personal property (like a trailer) can be "attached" (taken and sold to pay a debt).

HOWEVER, in order for this to happen, there must be a court order...so the creditor would need to

1. Learn that you have title to this

2. Go to court and have a judge issue an attachment order (to seize and sell)

And this presumes there is a judgement against you...if there is no judgment the creditor must first go to court and obtain a judgment before they can attach the title.

So is it possible for a creditor to attach the RV.

Yes...if the have a judgment and learn of your possession they can seek an attachment order

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Is this Virginia law specific? from what I read, I saw only real estate but not personal property. Would this not be personal property? My main judgement is from a helicopter ride that I'm not sure was necessary. I've looked into these helicopter transports and have found that attending physicians get perks for recommending helicopters over ambulances. Either way, that was a $60,000 judgement.
Expert:  P. Simmons replied 1 year ago.

I think there is some confusion. I agree that you can not place a "lien" on personal property in VA. But my understanding of your question was could it be taken and sold. the answer is yes...VA law allows a creditor to attach personal property.

Period.

Customer: replied 1 year ago.
One last question. Do the creditors go by the bluebook value? I mean do they not go by what was paid for the RV?
Customer: replied 1 year ago.
I have sold many cars with the titles in my name and never had a problem.
Expert:  P. Simmons replied 1 year ago.

Not sure what you mean when you say "go by"?

If you have an asset and they attach it, that asset would be sold at auction. The proceeds would be applied toward the judgment. So say you pay $20 for a car worth $500K. If the car sold at auction for $400K and there was a judgment for $100K, you would receive, after the auction, $300K

Expert:  P. Simmons replied 1 year ago.

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding
Phil