Q: Should I seize a debtor's assets?
We won our case in small claims court against a deadbeat renter who did a great deal of damage to our rental home. The amount awarded was over $13,300. We followed up with the Writ of Execution 30 days later. The deputy sheriff has served the demand letter. The renter has 3 cars and 3 motorcycles that the deputy can potentially seize. The renter keeps asking the deputy for more time to “get an attorney” to offer us a settlement. The renter also tells the deputy that if we start seizing things, he will just file bankruptcy. The deputy says that if he seizes any vehicles and the renter files bankruptcy, then the renter will get those assets back and we’ll have paid, in advance, large storage fees for no reward. Is that true that the seized assets will be returned to the deadbeat renter? WHAT IF the only asset visible to the deputy is the one the deadbeat wants to keep? DOES HE get to keep 2 since he lives with his girlfriend who drives? IS deputy supposed to search the DMV for assets?
A: Take the assets. The debtor will lose them in a bankruptcy - he's only allowed one car per licensed driver in the house, and he can pick which one he wants. The others should be picked up immediately. The deputy doesn't know bankruptcy law, and the debtor hasn't called a bankruptcy attorney - both are just talking.
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