AboutMike Weikle Expertise Banking Lender Liability; Insurance Coverage; Consumer Rights; Bank Fraud; Criminal: White
Collar Crime; Fair Debt Collection Practices Act; Directors and Officers Liability
Experience Commissioned National Bank Examiner 7 years; President of Two Community Banks; Division Claims Specialist for American Bankers Association Sponsored Insurance Program; Carter Member of the Bank Fraud Team of the Office of the Comptroler of the Curency "OCC" (National Banjk Examiners); Attorney previously representing FDIC and Resolution Trust Corporation as well as consumers and commercial borrowers in claims against the banking industry; Former Data Processing Systems Examiner for the OCC; Expert Witness on variety of banking issues in both state and federal court.
Education/Credentials Certified Public Accountant;
JD -- West Virginia College of Law - Order of the Coif
Data Processing Training Old Dominion Bank and IBM
Question I'm not sure I have the right expert, but I was unable to find a car lien expert on site. I have a small claims court judgment against someone for ruining an apartment we own. I want to put a lien on his car (has only one). Can I put a lien on this vehicle regardless of its value?
Answer I cannot answer the question without knowing the state in which the judgment debtor resides. However, since you have a judgment against him, you can generally execute the judgment against any property the debtor has (e.g. bank accounts and autos (with limitations)). In most, if not all, states a lien on an automobile must be placed on the title to the vehicle which is in the possession of the debtor or in the possession of a lienholder. In most all states you can put a lien on anything, but may be limited in what you can recover to the value of the vehicle if you repossess the vehicle. If the debtor is not giving you the title voluntarily (I doubt he is working with you to clear this debt, but if he is, you could put a lien on the title no matter what the value).
