Q: SEIZING DEBTOR ASSETS: what if the only asset the deputy can find is the one the debtor wants to keep?
Does he get to keep 2, since he lives in his girlfriend's house and she drives? Is the deputy supposed to search the DMV for all vehicles owned by the deadbeat? If there is a first lien holder on the vehicle, will that lien holder get the proceeds of the auction and we get what's leftover?
A:
The debtor gets to keep one vehicle that they own; he can't simply supply car(s) to someone he lives with. However, the deputy typically does not do any searches - you'll need to tell them what to look for.
As to lienholders, they get the first money out of the sale - that's why they have a lien. The buyer at the execution sale buys subject to the lien, if it hasn't been paid off as a result of the sale.
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