leaper924s Posted November 8, 2007 Report Share Posted November 8, 2007 I have had a judgement executed against me. My small checking acct was frozen. I have searched this site for answers, and am still looking.. Here is my question; Can the sheriff, or someone, come to my house and take personal items to pay a judgement on unsecured (credit card debt)? Can they take property that belongs to my wife even if her name was never on the credit card.?? Link to comment Share on other sites More sharing options...
myscoresawful Posted November 8, 2007 Report Share Posted November 8, 2007 how much was the judgement for?How old is it?How old is the original debt? Were you present at the hearing, or did they win by default? (Were you properly served to appear? is the debt still in SOL?)I am not sure about the laws in your state, especially about the sheriff coming to your house to take anything, but if there is a chance in the world that you can get that judgement vacated or something else, it might make a difference. Link to comment Share on other sites More sharing options...
leaper924s Posted November 8, 2007 Author Report Share Posted November 8, 2007 how much was the judgement for?How old is it?The original debt was $9700How old is the original debt? 4 years Were you present at the hearing, or did they win by default? (Were you properly served to appear? is the debt still in SOL?) They won by defaultI am not sure about the laws in your state, especially about the sheriff coming to your house to take anything, but if there is a chance in the world that you can get that judgement vacated or something else, it might make a difference.Thanks............... Link to comment Share on other sites More sharing options...
AISLE4 Posted November 9, 2007 Report Share Posted November 9, 2007 Rarely does the judgement winner try to actually seize property. They go after cash: bank accounts and wage garnishment. You didn't mention if you were served properly? Link to comment Share on other sites More sharing options...
leaper924s Posted November 9, 2007 Author Report Share Posted November 9, 2007 Yes, I was properly served. I was reading some other posts and one lady was saying that a sheriff, or constable, came to her house and inventoried her furniture..If they confiscate any of my wife's belongings, the Sheriff will not be my biggest problem///.........thanks for your reply..... Link to comment Share on other sites More sharing options...
oracle-4 Posted November 9, 2007 Report Share Posted November 9, 2007 If they have levied your checking account, they have telegraphed to you their way of going about executing the judgment. And a lot depends on whether the levy amount satisfied the judgment.I would think it unlikely that they would pursue a chattel levy. I would guess that they would just wait six or eight months and then levy that checking account again, or go after any new one that you may have opened within the Court's jurisdiction.Unless you are on the hook for big bucks, most judgment creditors don't want to go through the hassle of seizing and selling personal assets. Now, if you owned a Picasso, they just might. But if you DID own a Picasso, it is ilikely that there was enough in your checking account to satisfy their demand, and they will have gone away. Link to comment Share on other sites More sharing options...
leaper924s Posted November 9, 2007 Author Report Share Posted November 9, 2007 If they have levied your checking account, they have telegraphed to you their way of going about executing the judgment. And a lot depends on whether the levy amount satisfied the judgment.I would think it unlikely that they would pursue a chattel levy. I would guess that they would just wait six or eight months and then levy that checking account again, or go after any new one that you may have opened within the Court's jurisdiction.Unless you are on the hook for big bucks, most judgment creditors don't want to go through the hassle of seizing and selling personal assets. Now, if you owned a Picasso, they just might. But if you DID own a Picasso, it is ilikely that there was enough in your checking account to satisfy their demand, and they will have gone away. What they got from my checking acct was a pittance. However, my ss check goes in there and the ss admin can't change that right away. I called the bank and explained the situation; i.e. that it was ss money and it can't be attached. They said that I would have to work that out with the CA. Thanks for your response.. Link to comment Share on other sites More sharing options...
1time2many Posted November 9, 2007 Report Share Posted November 9, 2007 notify them that you get SS check only....cant touch it Link to comment Share on other sites More sharing options...
leaper924s Posted November 10, 2007 Author Report Share Posted November 10, 2007 notify them that you get SS check only....cant touch itI sent the Ca and the bank the same letter saying it is ss money in that acct and according to state law they can't grab it...thanks for your reply,,, Link to comment Share on other sites More sharing options...
AISLE4 Posted November 10, 2007 Report Share Posted November 10, 2007 Visit this link and read the threads entitled "making yourself judgement proof" and "protecting your bank account".http://www.debtorboards.com/smf/index.php?board=6.0 Link to comment Share on other sites More sharing options...
leaper924s Posted November 11, 2007 Author Report Share Posted November 11, 2007 I went to the site, regitered, etc, but couldn't find the post/thread about how to make yourself judgement proof..any suggestions/....thanks Link to comment Share on other sites More sharing options...
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