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Auto liens


If you own a car outright, can a creditor put lien on car or take control of it?

This topic was modified 1 year ago by Dave Alden
Posted : 28/05/2020 12:50 pm
Dave Alden
Member Moderator

Generally no. In most states in the US, a creditor would first have to sue to get a judgment; then attach the judgment to something owned by the debtor like their car. That creates a judicial lien.

Some states allow creditors preliminary access to assets using a lis pendens (pending lien) when they first file their suit.

These liens are involuntary liens, as opposed to liens that debtors give to lenders voluntarily when they finance vehicles.

Hope this helps,
— Dave
Alden Law Group
Sacramento, CA

Posted : 22/02/2021 5:30 am