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Enforcing Judgment Against Dealership
Summary
To enforce a $10,000 judgment against an auto dealership in Illinois, you can use methods like garnishment, levy, and obtaining a court order for a sheriffs sale. If you know the dealerships assets, you may skip filing a Citation to Discover Assets and proceed directly with enforcement actions. To levy property, you need a court order, which involves filing a Motion for a Writ of Execution. This allows the sheriff to seize and sell assets, such as buildings or cars. A lien prevents asset sale until the debt is paid, but a sheriffs sale requires a court order. Consider filing a Motion for a Temporary Restraining Order to prevent asset transfer. Contacting the dealership owner might encourage voluntary payment, but it also risks asset hiding.Full Conversation
I won a money judgement against a well known auto dealership.So we know they have the *,* to pay up. how do i make them pay.To be clear an owner of a dealership sells the cars made for this well known manufacturer and he owns about * or more of these in different states .The one i filed the claim on is in Illinois but he owns others in different states .
Hi Vickie! Congratulations on winning your judgment. To enforce your money judgment in Illinois, you can take the following steps:
- **File a Citation to Discover Assets**: This will require the dealership to disclose information about their assets.
- **Garnishment**: You can garnish the dealership's bank accounts or wages.
- **Levy**: You can request the sheriff to seize the dealership’s property to sell and satisfy the judgment.
Would you like more details on any of these steps?
- **File a Citation to Discover Assets**: This will require the dealership to disclose information about their assets.
- **Garnishment**: You can garnish the dealership's bank accounts or wages.
- **Levy**: You can request the sheriff to seize the dealership’s property to sell and satisfy the judgment.
Would you like more details on any of these steps?
If I already know his assets do i need to file a citation to descover them
Hi Vickie,
If you already know the assets of the dealership, you may not need to file a Citation to Discover Assets. Instead, you can proceed with enforcement actions like:
- **Garnishment**: Garnish bank accounts or wages.
- **Levy**: Request the sheriff to seize and sell property.
Would you like more details on these steps?
If you already know the assets of the dealership, you may not need to file a Citation to Discover Assets. Instead, you can proceed with enforcement actions like:
- **Garnishment**: Garnish bank accounts or wages.
- **Levy**: Request the sheriff to seize and sell property.
Would you like more details on these steps?
aask the sheriff? dont i need to ask thr judge to get this going
Hi Vickie,
To proceed with a levy in Illinois, you generally need to obtain a court order. Here’s a brief overview:
- **File a Motion for a Writ of Execution**: Request the court to issue a writ allowing the sheriff to seize and sell the dealership’s property.
- **Deliver the Writ to the Sheriff**: The sheriff will then execute the writ by seizing the assets.
Would you like more details on obtaining a writ of execution?
To proceed with a levy in Illinois, you generally need to obtain a court order. Here’s a brief overview:
- **File a Motion for a Writ of Execution**: Request the court to issue a writ allowing the sheriff to seize and sell the dealership’s property.
- **Deliver the Writ to the Sheriff**: The sheriff will then execute the writ by seizing the assets.
Would you like more details on obtaining a writ of execution?
what property,the building or the cars?
Hi Vickie,
To clarify, you can generally levy both real property (like the building) and personal property (like the cars) of the dealership. It depends on what assets are available and sufficient to satisfy your judgment.
Do you need more information on how to proceed with levying specific types of property?
To clarify, you can generally levy both real property (like the building) and personal property (like the cars) of the dealership. It depends on what assets are available and sufficient to satisfy your judgment.
Do you need more information on how to proceed with levying specific types of property?
sure
Hi Vickie,
To proceed with levying specific types of property, here's what you need to know:
- **Real Property (Building)**: You can place a lien on the dealership’s building. The court will issue an order, and then the sheriff can seize and sell the building.
- **Personal Property (Cars)**: The sheriff can seize cars and auction them off to satisfy your judgment.
Would you like more detailed steps on either of these processes?
To proceed with levying specific types of property, here's what you need to know:
- **Real Property (Building)**: You can place a lien on the dealership’s building. The court will issue an order, and then the sheriff can seize and sell the building.
- **Personal Property (Cars)**: The sheriff can seize cars and auction them off to satisfy your judgment.
Would you like more detailed steps on either of these processes?
I thought a lien just keeps the owner from selling before he pays me. are you saying there can be a lien and the sheriff can immediately sell the assets?
Hi Vickie,
In Missouri, a lien generally prevents the property owner from selling the property without first paying the debt. However, for immediate enforcement, you can request a court order for a sheriff's sale. Here’s a brief overview:
- **Lien**: Prevents sale until debt is paid.
- **Sheriff's Sale**: Court order allows sheriff to sell assets to satisfy the debt.
Would you like more information on obtaining a court order for a sheriff's sale?
In Missouri, a lien generally prevents the property owner from selling the property without first paying the debt. However, for immediate enforcement, you can request a court order for a sheriff's sale. Here’s a brief overview:
- **Lien**: Prevents sale until debt is paid.
- **Sheriff's Sale**: Court order allows sheriff to sell assets to satisfy the debt.
Would you like more information on obtaining a court order for a sheriff's sale?
this is in illinois
Hi Vickie,
I apologize for the confusion. In Illinois, you can still request a court order for a sheriff's sale to immediately enforce your judgment. Here's a brief overview:
- **Lien**: Prevents the owner from selling the property until the debt is paid.
- **Sheriff's Sale**: Obtain a court order allowing the sheriff to seize and sell the assets.
Would you like more information on obtaining a court order for a sheriff's sale in Illinois?
I apologize for the confusion. In Illinois, you can still request a court order for a sheriff's sale to immediately enforce your judgment. Here's a brief overview:
- **Lien**: Prevents the owner from selling the property until the debt is paid.
- **Sheriff's Sale**: Obtain a court order allowing the sheriff to seize and sell the assets.
Would you like more information on obtaining a court order for a sheriff's sale in Illinois?
yes
Hi Vickie,
To obtain a court order for a sheriff's sale in Illinois, follow these steps:
- **File a Motion for a Writ of Execution**: Submit this request to the court, asking for an order to seize and sell the dealership’s assets.
- **Attend the Hearing**: Present your case to the judge.
- **Deliver the Writ to the Sheriff**: Once granted, the sheriff will carry out the sale.
Do you need more details on any of these steps?
To obtain a court order for a sheriff's sale in Illinois, follow these steps:
- **File a Motion for a Writ of Execution**: Submit this request to the court, asking for an order to seize and sell the dealership’s assets.
- **Attend the Hearing**: Present your case to the judge.
- **Deliver the Writ to the Sheriff**: Once granted, the sheriff will carry out the sale.
Do you need more details on any of these steps?
I need to file a motion to thje judge and not sure hopw to write it
Hi Vickie,
To write a motion for a writ of execution, you can follow this basic structure:
*. **Caption**: Include the court name, your case number, and the title “Motion for Writ of Execution.”
*. **Introduction**: State your name, the judgment amount, and the date of judgment.
*. **Request**: Clearly request the court to issue a writ of execution to enforce the judgment.
*. **Facts**: Explain briefly why the writ is necessary, mentioning the dealership's assets.
*. **Conclusion**: Politely ask the court to grant your motion.
Would you like a more detailed template?
To write a motion for a writ of execution, you can follow this basic structure:
*. **Caption**: Include the court name, your case number, and the title “Motion for Writ of Execution.”
*. **Introduction**: State your name, the judgment amount, and the date of judgment.
*. **Request**: Clearly request the court to issue a writ of execution to enforce the judgment.
*. **Facts**: Explain briefly why the writ is necessary, mentioning the dealership's assets.
*. **Conclusion**: Politely ask the court to grant your motion.
Would you like a more detailed template?
that would help a lot
Hi Vickie,
Here’s a more detailed template for your Motion for a Writ of Execution:
---
**[Your Name, Address, and Contact Information]**
**[Date]**
**[Court Name]**
**[Court Address]**
**RE: [Your Case Number]**
**Motion for Writ of Execution**
**Introduction:**
My name is [Your Name], and I am the plaintiff in this case. On [Date of Judgment], I was awarded a judgment against [Defendant's Name] in the amount of $*,*.
**Request:**
I respectfully request the court to issue a Writ of Execution to enforce this judgment.
**Facts:**
*. The judgment amount remains unpaid.
*. The defendant, [Defendant's Name], owns significant assets, including [briefly list known assets, e.g., cars, dealership building].
**Conclusion:**
I request the court to grant this motion and issue a Writ of Execution to allow the sheriff to seize and sell the defendant’s assets to satisfy the judgment.
**[Your Signature]**
**[Your Printed Name]**
---
Would you like further assistance with this template or any other questions?
Here’s a more detailed template for your Motion for a Writ of Execution:
---
**[Your Name, Address, and Contact Information]**
**[Date]**
**[Court Name]**
**[Court Address]**
**RE: [Your Case Number]**
**Motion for Writ of Execution**
**Introduction:**
My name is [Your Name], and I am the plaintiff in this case. On [Date of Judgment], I was awarded a judgment against [Defendant's Name] in the amount of $*,*.
**Request:**
I respectfully request the court to issue a Writ of Execution to enforce this judgment.
**Facts:**
*. The judgment amount remains unpaid.
*. The defendant, [Defendant's Name], owns significant assets, including [briefly list known assets, e.g., cars, dealership building].
**Conclusion:**
I request the court to grant this motion and issue a Writ of Execution to allow the sheriff to seize and sell the defendant’s assets to satisfy the judgment.
**[Your Signature]**
**[Your Printed Name]**
---
Would you like further assistance with this template or any other questions?
should i contact the owner of the dealership and let him know what i plan to do if he does not pay?
Hi Vickie,
It's generally a good idea to contact the dealership owner before taking further legal actions. It might encourage them to settle the judgment voluntarily. Would you like any tips on how to approach this conversation?
It's generally a good idea to contact the dealership owner before taking further legal actions. It might encourage them to settle the judgment voluntarily. Would you like any tips on how to approach this conversation?
will that also give him time to hide assets or put in someone elses name or can he do that
Hi Vickie,
Yes, informing the dealership owner can give them time to hide or transfer assets. To prevent this, you can:
- **File a Motion for a Temporary Restraining Order (TRO)**: Request the court to prohibit asset transfers.
- **Act Quickly**: File your motion for a writ of execution promptly.
Would you like more details on filing a TRO?
Yes, informing the dealership owner can give them time to hide or transfer assets. To prevent this, you can:
- **File a Motion for a Temporary Restraining Order (TRO)**: Request the court to prohibit asset transfers.
- **Act Quickly**: File your motion for a writ of execution promptly.
Would you like more details on filing a TRO?
yes
Hi Vickie,
To file a Motion for a Temporary Restraining Order (TRO) in Illinois, follow these steps:
*. **Caption**: Include the court name, case number, and title "Motion for Temporary Restraining Order."
*. **Introduction**: State your name, the judgment amount, and the date of judgment.
*. **Request**: Clearly request the court to issue a TRO to prevent asset transfers.
*. **Facts**: Explain briefly why the TRO is necessary, mentioning the risk of asset transfers.
*. **Conclusion**: Politely ask the court to grant your motion.
Would you like a detailed template for the TRO?
To file a Motion for a Temporary Restraining Order (TRO) in Illinois, follow these steps:
*. **Caption**: Include the court name, case number, and title "Motion for Temporary Restraining Order."
*. **Introduction**: State your name, the judgment amount, and the date of judgment.
*. **Request**: Clearly request the court to issue a TRO to prevent asset transfers.
*. **Facts**: Explain briefly why the TRO is necessary, mentioning the risk of asset transfers.
*. **Conclusion**: Politely ask the court to grant your motion.
Would you like a detailed template for the TRO?
yes
Hi Vickie,
Here’s a detailed template for your Motion for a Temporary Restraining Order (TRO):
---
**[Your Name, Address, and Contact Information]**
**[Date]**
**[Court Name]**
**[Court Address]**
**RE: [Your Case Number]**
**Motion for Temporary Restraining Order**
**Introduction:**
My name is [Your Name], and I am the plaintiff in this case. On [Date of Judgment], I was awarded a judgment against [Defendant's Name] in the amount of $*,*.
**Request:**
I respectfully request the court to issue a Temporary Restraining Order to prevent the defendant from transferring or hiding assets.
**Facts:**
*. The judgment amount remains unpaid.
*. There is a significant risk that the defendant, [Defendant's Name], may transfer or hide assets, including [briefly list known assets, e.g., cars, dealership building], to avoid payment.
**Conclusion:**
I request the court to grant this motion and issue a Temporary Restraining Order to prevent the transfer or hiding of assets to ensure the judgment can be satisfied.
**[Your Signature]**
**[Your Printed Name]**
---
Would you like further assistance with this template or
Here’s a detailed template for your Motion for a Temporary Restraining Order (TRO):
---
**[Your Name, Address, and Contact Information]**
**[Date]**
**[Court Name]**
**[Court Address]**
**RE: [Your Case Number]**
**Motion for Temporary Restraining Order**
**Introduction:**
My name is [Your Name], and I am the plaintiff in this case. On [Date of Judgment], I was awarded a judgment against [Defendant's Name] in the amount of $*,*.
**Request:**
I respectfully request the court to issue a Temporary Restraining Order to prevent the defendant from transferring or hiding assets.
**Facts:**
*. The judgment amount remains unpaid.
*. There is a significant risk that the defendant, [Defendant's Name], may transfer or hide assets, including [briefly list known assets, e.g., cars, dealership building], to avoid payment.
**Conclusion:**
I request the court to grant this motion and issue a Temporary Restraining Order to prevent the transfer or hiding of assets to ensure the judgment can be satisfied.
**[Your Signature]**
**[Your Printed Name]**
---
Would you like further assistance with this template or
thank you. I got it now
You're welcome, Vickie! If you have any more questions or need further assistance in the future, feel free to reach out. Good luck with your case!
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