What Liens Can Be Placed After a Credit Card Judgment

[a2thmovr@yahoo.com]

My question involves collection proceedings in the State of: Va.
My mom has a 10 yr. old Credit card debt judgement w/ no bankruptcy in Va.
The only thing she has in her name is a 10 yr. old van. that we want to sell. It has no lien yet. I just bought her a new car with her name and my name on it.
What can they put a lien on?

[KeyWestDan]

I would seriously doubt that they are going to start a collection action at this point. They would have to do a deposition and order her to a hearing to examine her and her financial records before putting a lien on anything, even if that were an option. If they did execute, they don't put a lien on a car, that is only done on real property. They would have the sheriff seize the vehicle and have it auctioned off. Of course, it is likely exempt. Every state has exemptions for property that is not subject to execution. That is easy enough for you to lookup. I could care less about Va law. Here in Florida that is an exemption of $1,000 for a vehicle, $1,000 for other personal property and a homestead exemption that protects one's house up to any amout. If one does not have a house to protect, there is an additional $4,000 in personal property exemptions available. So, if a person has a vehicle worth less than 1K and personal property of less than 5K, here in Florida they are judgment proof. You could combine those exemptions to protect a vehicle worth 6k.

Not much worry with a 10 year old van. Bankruptcy is pointless.

[Mr. Knowitall]

If this is a general district court judgment and has not been renewed or docketed in circuit court, and more than ten years have passed, it may have expired.

Is the judgment holder actively trying to collect the debt or is this purely a "what if"?

It looks like under most circumstances Virginia exempts from collection the first $8,000 in value of a personal motor vehicle.

[a2thmovr@yahoo.com]

Thanks hon, I assume that the debt has been sold many times & they are still actively calling to collect. After the default judgement, she got a letter of judgement 10 yrs. ago & nothing else besides phone calls has happened.