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writ of execution


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I will be as brief as possible. Spouse has a judgment from 2008. It is still B.S. because the item was NOT repaired. Anyway, due to serious financial issues, Judge said at the initial Pro Supp to inform the court of any financial changes. Well the only changes have been for the worse. Medical bills, unemployment etc. Over the 2 years the Plaintiff has used collection agencies to try to collect and we have DV'd, they would provide judgment documents then spouse would not hear from them again. Plaintiff filed for another Pro Supp earlier this month. Spouse showed, Plaintiff did not appear. Today sheriff shows up with Writ of Execution and says he will return in 4 days.

Spouse does not have any assets. Plaintiff has already tried to get bank accounts, but spouse has none. Spouse is also not on deed or title to any real property.

Q: can stuff in house be seized by sheriff since spouse is not on deed to the property?

Q: would property not a least be considered joint property?

and if so is it true that joint property cannot be attached or seized.

To clarify...the judgment was ONLY on the spouse.

we have dealt with this pro se, how would I respond to the courts to get a "stay" of this seizure of property?

Edited by docniss
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IN collection laws are different from NY from VA and from CA. What kind of free resources are in your county that call tell you what collection activities work in IN?

Speaking strictly as someone trying to collect on a judgment for professional services rendered if your spouse owed me money and you guys were in CA with the same set of facts I would pull your better half into an OEX. I would have the court issue an Order of Examination. Basically your spouse would have to show with docs. Of course you'd counter with as you said she has not assets. I will drill her for at least 2 hours on how she had breakfast every single day for the last 3 months.

There is always a way to get to assets provided the person who's trying is motivated. The good news for you is most lack the resources to find your assets that are available to satisfy the judgment. Based on what you told me I don't think you have much to worry about. If you're concerned get on the phone or hit the streets to find out what exactly the sheriff can do.

I've sent the sheriff to Trans Union to collect a judgment. My written instructions were to take laptop computers sufficient to satisfy my judgment. Of course they wrote a check. I don't see deputies coming to your home and taking guns, computers or other items. I don't however live in Indiana.

Do your due dilligence. Good luck.

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