Isit possible to lien a vehicle for non-an payment of unsecured loan?

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Isit possible to lien a vehicle for non-an payment of unsecured loan?

I lent $3500 to help keep a home out of tax sale. I paid it directly to the tax assessor for a friend. Afterward, they would not pay back nor work off loan and told me “I’m stiffed”. Can I lien his truck for payment or what else could I do?

Asked on September 21, 2011 under Bankruptcy Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would first need to file a lawsuit (check your state's small claims court to see what the limit is). If you have reached the cap, go ahead and file in traditional civil court and make sure you have any evidence of the loan with you. From checks or payments you made to the tax authority to emails or voicemails you have from this person and to this person regarding this loan. Once and if you obtain a judgment against the person, you can then go back to court to obtain a payment plan or arrange the court order to then attach to any bank account he has or banking item and also to file a lien against his motor vehicle. Keep in mind, however, if you are behind the lender, then your lien is a second position lien.


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