6-20/120.30 Conditional Instructions



Instructions may be conditional.  In the case of an execution vehicle levy, for example, the levy made be made whether or not the debtor is the registered owner.  However, if the instructions state to levy on a vehicle registered to the debtor, the levy may not be made unless the vehicle is registered to the debtor. 

Ex., “Levy and sell (described vehicle) in the possession (the judgment debtor).  Registration is not a factor and if found, the vehicle should be seized.  A DMV-Registration Inquiry through JDIC shall not be completed prior to seizure.

Ex., “Levy and sell (described vehicle) registered to (judgment debtor).  In this example, a DMV-Registration Inquiry should be done prior to seizure as the instructions are void if the vehicle is not registered to the judgment debtor.