1 Yep. Please note that there also are lots of costs to seizing a car, so Capt One won't do it just to get $100. Their costs likely would exceed that amount.
2. The creditor in question is a large corporation. While it does aggressively pursue their collection accounts because its origen is from the subprime world, It won't take your car just to "screw you over". Iif the process of seizing your car is not really going to be cost effective then it is not likely to happen. . Also, if you still have an outstanding loan on your car, the car lender would get paid first as that creditor is a secured creditor. Then, there is your exemption and only if there is any money left over would the unsecured creditor get paid. Being third in line on an older vehicle does not llok too promising to me. Most people are pretty underwater on their car loans to begin with. This creditor wants money . An employee who sought and executed a writ execution on a car worth $2000 only to see that money returned to the debtor because of a state exemption probably would soon become an ex-employee. He has cost the company money not collected any money on a debt.
Generally these writs of execution are used by individuals, such as landlords who are owed money for unpaid rent or eviction costs and individuals like that. With this particular creditor, the decision to seek a writ of execution will strictly be a business decision. In other words, is going this route likely to generate enough in the way of a recovery to justify the costs. Even though the creditor might get to add these costs to your debt, there is still the issue of collecting on it. Unless your car has some unusual value, it is not likely to happen with this particular creditor.
Some states may allow a creditor to put a lien on your car title. You would have to resolve the lien if you ever wanted to sell the car. I don't know about your state, but the process of putting a lien on your car title, if it is an option, likely would be far easier than going for a writ of execution, hiring someone to get your car, hauling it off, and then arranging for the auction. Of course, if you just intend to drive the car until it falls apart, then you may not particularly care if the title has a lien on it.