In order to obtain a writ of seizure and sale, the creditor must first sue the debtor and obtain a judgment against them. Once they have a judgment, they can then apply to the court for a writ of seizure and sale. If the court grants the application, the creditor will be given a writ of seizure and sale, which they can then use to take possession of the debtor's property.
The creditor can only repossess the debtor's property from private property if they have a valid writ of seizure and sale. If they do not have a writ of seizure and sale, they may be liable for trespassing or other civil wrongs if they attempt to repossess the debtor's property.
In some cases, a debtor may be able to prevent the creditor from repossessing their car by filing for bankruptcy. Bankruptcy will stay all collection actions against the debtor, including repossession.
