have judgment - seize car?

Question

I have a judgment against husband and wife
they are broke but he works and they have a new car
i believe car is registered in wifes maiden name - and i believe they own it clean as a gift from her parents
Im in california
If I go to dmv and fill out request for vehicle information i must state a reason and dmv sends a copy to the registered owner
now they are on notice that i'm going after the car
If they then give the car back to her parents does that make it judgment proof as regards her debts?

question 2
how do i seize something that is regestered in her maiden name? do I need to go back to court and amend the judgment or something like that to establish a claim on it?

Answer 1

If a person against whom a judgment exists, transfers property to a family member for less than fair value, the transfer may be deemed fraudulent and aset aside. It requires action be brought against the transferee. This costs $$ and is probably too complicated for a non-lawyer to do. Moreover it may not be worth bothering:
1. The car may never have been in either of the debtor's names. 2. There may be a sizeable loan on this "new" car. If so they are probably upside down on the loan, it which case it is worth less than nothing & you would have spent considerable costs to no avail.

As someone else suggested; better to seek to garnish their wages. If you can find out what bank they use, you may be able to levy on their account.

Answer 2

This isn't exactly an answer to your question, but it may be of benefit.

Since you say the husband against whom you have a judgment is employed, it might be easier to garnish his wages to satisfy your judgment rather than go after a vehicle which in all probability cannot be seized...or which would require great effort to seize.

Answer 3

Chances are it isn't in her maiden name but her parents or siblings name. She, and he, could drive it all they want as long as the owner knows they have it. Like you said if you go in to DMV they are going to know before you do and if there is a problem they will fix it. Sorry I see this all the time.

Answer 4

If you're a repo man why don't you know all this? Sounds like you're an amateur. You have a judgment for what-you didn't say. You'd better consult an attorney and your state's repo laws before you get sued.