Marshal's Notice of Execution

[JGT]

Holy smoke, I can`t believe how much you are like me. Same thing here, I didn`t file taxes for three years but I may be different from you becaue I was unemployed in all that time and that`s why I`m in this mess in the first place, I was taking out loans and credit cards like crazy to pay my rent and pay off other CC`s. It ticks me off because they really suckered me in, the same time I lost my job a CC company literally sent me a check for $5000 in the mail if you can believe it stating if I wanted to cash it to call them up and confirm and being the fool I was I did, and that started me down the road to hell.

Yes but I heard that I might have to file taxes as well for those years anyway before I claim BK which is ridiculous because I read right on the IRS website if you make less than $8000 a year you don`t have to file. I mean what am I going to file, I made zero?

Anyway, about Xxxxx what happened was I got the first Execution in April that my lawyer worked out a deal on where I would pay $40 a month with the stupulation I must pay on time or the deal is off. And of course I paid late and they came over which thank god I didn`t answer the door, I saw them out the window. Then a few months later I got ANOTHER execution this time for Chase and I went down to Xxxxx office and worked out a deal which they busted my butt about until I got pissed off and told them they are refusing I pay the bill so I paid that every month then I was late again and again and they came over, but they never broke into my place.

Then yesterday I got ANOTHER execution for Wells Fargo credit and if you can believe it, Xxxxx came over THE SAME DAY! I couldn`t believe it....I think they just got fed up with me and all these executions I got so I assume they will be back unless I go down there Monday and try to work out another deal. What`s freaking me out is half the stuff in my place isn`t mine, my mother dumped a lot of her family heirlooms on me when she moved to Colorado and to say she will freak if they take it is putting it mildly so I might have to get one of those storage rooms you see ads all over for.

I`m just fed up with all this BS, I`ve had it. I didn`t want to declare BK but it seems they are not going to stop with this execution stuff. Plus if Xxxxx does decide to get a court order and break my door down, my landlord is not going to be too pleased as I already owe that guy 2 months rent and I`m doing everthing I can to not get evicted.

[NSH]

Well it's going to cost me a lot more than a grand because I have a log ot debt, and I also have to get my taxes discharged, which is a sizable nut in and of itself. In addition, I have to file tax years 06, 07, and 08 before I can even file BK.

Not sure if I can go down there only because they may not refuse my payment, in fact I am quite sure they will take it. It's just that I am not sure that this will stop them from coming to my house. Let me ask you this: How long after you received the letter I also received did they knock on your door?

Was it a matter of days? Weeks? Months from the time you got the notice?

[JGT]

Hi

Hi NSH....Listen, I got the SAME thing from this sonofa***** Xxxxxx Xxxxx TWICE. It seems when it comes to debt collection in NYC this guy is making a fortune out of it. I am SO glad I found that message of yours because this guy has been driving me nuts as well and I couldn`t find anyone with a similar situation. The first one of his I got was back in April and like an idiot I laid out some bucks for a lawyer who made a payment plan deal with Moses which was a HUGE mistake! Do NOT hire a lawyer! Just go down to Xxxxx address in John Street Manhattan and talk to them personally to set up a payment plan, they will set you up with a docket number. DO NOT CALL because one of the receptionists there is a ***** who will hang up on you (I assume you might have found this out already) This will keep them off your back until you declare bankruptcy or pay off the full amount. And YES they do come to where you live, 3 times they tried it with me (i live in an apartment) and of course I didn`t answer the door. They come with 2 or 3 guys but they CANNOT break into your place without a court order which they are not stupid enough to do, basically because there is never any real proof or asurance that you are living there. For example if you moved and someone else moved into your place and they break in they can be sued, just don`t answer the door because they can have a warrant and once they serve you with that, it`s all over. Just go down there personally to make payment arrangements and if they give you sh*t tell them you will contact your lawyer to inform him that they are refusing payment (which they are in fact doing) PLEASE get back to me because like you want to declare bankruptcy but I just don`t have the money. How are you doing it? I went to a few lawyers who wanted $1000 and I was like forget it!

[NSH]

Yeah lol I hear you, and their notice served to "put me on notice," if you catch my drift. Now I need to find a lawyer, and that is not going to be easy! I am getting all kinds of prices, not to mention half these guys don't know anything about tax laws and are operating under the assumption that my accountant is. They unequivocally believe it too!

[backtoschool]

I will eventually do that, but before I do, for those of you who answered and said just don't answer the door, are you certain that they will try a few times to "knock" before breaking down my apartment door? Because it sounds like this might be a viable plan, maybe wait them out a little while at least in case I can get a bunch of the paperwork done quicker than I anticipate.

I would assume that if they come to my door for the first couple of times that they would leave some sort of a Marshal's notice stuck to it to "duly inform me" that they were there? I would also assume that if I ignored the first attempt before calling again (I called them once last week) I would be okay?

In addition, there ar two other factors:

1. I was speaking to my Dad about this and one of his friends went through something similar in Long Island, only this person had declared BK and was told they had to leave their house as it was foreclosed on and the Marshal would come to throw them out. From what my Dad said, this guy stayed in his house for six months and nobody came to knock on his door. In addition, when he talked to the Sherrif (in his town it is not a marshal) he was told that they were so backed up with debt property seizers because of the economy that it would be a while before they even got to him. He ended up leaving his house before anyone came to toss him. So I was wondering if the same thing is likely to happen in my case with the Marshal breaking my door down?

2. Along the same lines, I did have an initial conversation with the Marshal on the phone, or perhaps it was one of his colleagues, I don't remember. They were very nice about it and told me that if I declare BK just to forward them all the paperwork and that would be that. He also told me that it would likely be 40-50 days or more before they physically acted on this, I believe because they want to try to get at whatever assets I have that they can trace like accounts, property, real estate, etc. They don't know that I have nothing in this regard. Do you tink they were lying to me, perhaps to lull me into some false sense of security?

Thanks againb!

After looking at the Marshall's handbook yesterday, I think that they have to have a court order to break in, and that that will take some time. That would take several attempts, several notices, plus they would have to go to court and get the paperwork to break in.

So I don't think the threat of them breaking in is immediate.

But I certainly would not trust what vague things the clerks at the Marshall Mose's office say to you. If it is not in writing, I wouldn't trust it.

I do think that they are smoking you out to find low hanging fruit, such as voluntary payments, bank accounts, etc. They do not want to seize your used basketball kneepads and 10 year old crockpot.

[NSH]

I will eventually do that, but before I do, for those of you who answered and said just don't answer the door, are you certain that they will try a few times to "knock" before breaking down my apartment door? Because it sounds like this might be a viable plan, maybe wait them out a little while at least in case I can get a bunch of the paperwork done quicker than I anticipate.

I would assume that if they come to my door for the first couple of times that they would leave some sort of a Marshal's notice stuck to it to "duly inform me" that they were there? I would also assume that if I ignored the first attempt before calling again (I called them once last week) I would be okay?

In addition, there ar two other factors:

1. I was speaking to my Dad about this and one of his friends went through something similar in Long Island, only this person had declared BK and was told they had to leave their house as it was foreclosed on and the Marshal would come to throw them out. From what my Dad said, this guy stayed in his house for six months and nobody came to knock on his door. In addition, when he talked to the Sherrif (in his town it is not a marshal) he was told that they were so backed up with debt property seizers because of the economy that it would be a while before they even got to him. He ended up leaving his house before anyone came to toss him. So I was wondering if the same thing is likely to happen in my case with the Marshal breaking my door down?

2. Along the same lines, I did have an initial conversation with the Marshal on the phone, or perhaps it was one of his colleagues, I don't remember. They were very nice about it and told me that if I declare BK just to forward them all the paperwork and that would be that. He also told me that it would likely be 40-50 days or more before they physically acted on this, I believe because they want to try to get at whatever assets I have that they can trace like accounts, property, real estate, etc. They don't know that I have nothing in this regard. Do you tink they were lying to me, perhaps to lull me into some false sense of security?

Thanks againb!

[pookieny]

Geeze, sorry NSH. I wouldn't have thought that being in the same state, the laws would be so different. I would bite the bullet then and call them and see what you can pay to them to tide you over until you are able to hire a lawyer.

[backtoschool]

I'm so glad my horrifying life and terrifying situation is a source of fascination and amusement to you, music12.

Nah, looking at this objectively, I am not really going to get pissy about that, lol. When I call them I am going to make it clear that I don't have a lot of valuables (which to be honest, righ now, I don't, except for my 3 year old computer, some furniture, and a ton of books from 4 years of college and 4 years of graduate school...oh and a lot of pots, pans, and some very nice cooking stuff) but that I want to avoid the embarassment of a seizure in front of my nosy neighbors.

Maybe that will sound desperate, and they will try to milk it, I don't know.

I would not get into details with the telemarketing clerk who answers the phone. Just say that you received a letter and you want to make payment arrangements. See what they say.

If they come to your door when you are there don't answer.

You need the last three years of tax returns to file for bankruptcy in nyc, so as soon as you can slap those three years together, the better.

You will need a case number to keep the Marshall at bay, so you will need to have formally file to stop him.

[NSH]

I'm so glad my horrifying life and terrifying situation is a source of fascination and amusement to you, music12.

Nah, looking at this objectively, I am not really going to get pissy about that, lol. When I call them I am going to make it clear that I don't have a lot of valuables (which to be honest, righ now, I don't, except for my 3 year old computer, some furniture, and a ton of books from 4 years of college and 4 years of graduate school...oh and a lot of pots, pans, and some very nice cooking stuff) but that I want to avoid the embarassment of a seizure in front of my nosy neighbors.

Maybe that will sound desperate, and they will try to milk it, I don't know.

[music12]

another thing to think about before you call up this marshall is to make sure not to sound too worried about them seizing your property, because that would give them a big hint that there is something valuable in your home. right now they don't know whether you have anything of value, and they probably assume you don't. all they want is money.

and, angelinacathub, in the situation you described the person was trying to stop the marshall who was seizing a truck outside. if you try to interfere with an execution you could get arrested. however, if you simply do not open the door, then the execution was not yet in progress. i think that makes a difference.

wow, what an interesting thread!

[NSH]

By the way, again, you guys are AWESOME and I thank you all!

Capital One is completely nuts. File. File now. Do not stop, do not pass go. Just file. I owed Cap One a smallish amount (1,200.00) they were relentless. They extend credit easily and will go to any lengths on default.

That's the master plan at this point, unfortanately, but my unfiled taxes are potential roadblock. I have three years I need to file, all of which my tax liabity should be very cose to zero since I ran a failing business for 06, 07, and part of 08. The problem is I cannot just sprint like a manic gazelle into H&R Block, because I have to file a Schedule C for the Coropration, and all sorts of other paperwork associated with the taxes for those years, not just my personal income tax.

Is it possible to retain BK attorney anyway and have him START the process while I get my tax filing butt in gear? It would be great if he could get all these creditors off my back, maybe file all the necessary paperwork and schedule the actual court dates, say for two or three months from now rather than in a month. Meanwhile I can start the filing process with the aforementioned relative who is a CPA and would probably help me out.

Because I just see no lightning quick way to get all of my tax stuff filed as quickly as I would like. I just need a 2-3 respite from my house being broken into while I set al this in motion. Argh, what a nightmare!

[iv65536]

Except that if I had an ill-tempered ostrich, when they show up I would simply state that I am not exempting the ostrich.

[2manybills]

Wow bts, that is outrageous. I'm glad to see that they wouldn't take your pet. Isn't that nice of them?!

I agree to the OP, file, file now, do not pass go!

[leena]

Capital One is completely nuts. File. File now. Do not stop, do not pass go. Just file. I owed Cap One a smallish amount (1,200.00) they were relentless. They extend credit easily and will go to any lengths on default.

[backtoschool]

I did legal collections many years ago in California. That is the most absurd thing I've ever heard of. Usually, the only time a creditor can seize personal belongings is if they have a security agreement (like a Best Buy) or something like that. Most times you can only attach wages, bank accounts, things of the like.

Is there such a thing as a claim of exemption in NYC?

NYC is a brutal environment for debtors because of the marshal system there. Here are the exempt items from the marshal's handbook:

Section 5205 of the CPLR exempts certain personal property from application to the satisfaction of money judgments, except where the judgment is for the purchase price of the exempt property. Pursuant to this section, a marshal may not levy on, among other things, the following:

all stoves in residences and necessary fuel therefor for sixty (60) days;

one sewing machine with its appurtenances;

the family bible, family pictures, school books used by the judgment debtor
or his family, and other books not exceeding fifty dollars in value, kept and used as part of the family or judgment debtor's library;

a seat or pew occupied by the judgment debtor or the family in a place of public worship;

domestic animals with necessary food for sixty (60) days provided that the total value of such animals and food does not exceed $450;

food for the judgment debtor and his family for sixty (60) days;

all wearing apparel, household furniture, one refrigerator, one radio, one television set, crockery, tableware, and cooking utensils;

a wedding ring; a watch not exceeding $35.00 in value;

necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library not exceeding $600.00 in value, provided these articles are necessary to the carrying on of the judgment debtor's profession or calling.



These are not the bankruptcy exemptions but are the exemptions of property that the nyc marshal can't seize and even those exemptions may be null and void (like the furniture and tv) if the items were paid for with money from the judgment creditor.

NYC is owned by banks.