Marshal's Notice of Execution

[backtoschool]

Okay, I have been putting off bankruptcy for about 2 years in the desperate hope that my financial life would change absurdly and miraculously, but I think I may be cornered into it now for the sake of peace of mind.

One, but perhaps not the only, deciding factor is a Marshal's Notice of Execution I just received on behalf of one of my creditors, in this case Capitol One, who I owe about 15K to. That, by the way is one of my VERY SMALL debts.

Anyway, the notice (which I received in the mail last friday) is apparently one that gives the city Marshal the right to knock on my door and basically take all my "non exempt" personal property. I live in Brooklyn NY, and the Marshal is in Manhattan. Here is what the notice says:

"An Execution against personal property has been issued to me as the result of a judgement entered against you in the above referenced mater. The issuance of an Execution against personal property to a City Marshal creates a lien on all personal property except the "exempt" property set forth in section 5205 of the civil practice law and rules. This "exempt" property may consist of household furniture, one radio and one televison, clothing, one refrigerator, work tools, and other basic household furnishings. All personal property not exempt may be sold at public auction."

And it goes on to talk about wages, and income, checks, and other money that can and cannot be levied.

Now I was always under the impression that creditors can't have anyone empowered to collect their money knock on your door, but I am guessing that I am wrong here. I also know, from the experience of several friends, that Capitol One is one of the most steadfast and rigorous of the creditors when it comes to debt collection and unwillingness to "settle" out a debt.

Can they really come to my house? I assume the answer is yes, hence the judgement. Will they kick my door in if I am not home, say if I am out at work or at the store? What is the chance they will actually come to my house and not just try to seize any hard assets I actually do not have?

Is Ronald Moses your Marshall? I lived in nyc (dumbo and brooklyn heights) and the marshalls are the enforcers of judgments there. But the marshall's have an office with a phone bank of collectors, and they have to give you a chance to make payment arrangements, or they usually do a garnishment on wages, or a levy of bank accounts.

In nyc Marshall's have a LOT of power. You are pretty much being forced to deal with this at this point. You must have gotten other warnings from them because coming to the house is the last thing they do.

What lawyer is the Marshall collecting for?

[pookieny]

I live in upstate NY and I was served by a regular person with a summons to appear in court a judgement against me from Capitol One. When the judgement went through, I got a letter from the Sheriff's department notifying me I had like 20 days to answer and set up payment arrangenmetns 10% of my income. I had to submit to them a recent paycheck and if I did't do that they would garnish my paycheck for 10%. Really don't think they come to your house and start dragging out your belongings like they did in the olden days.

[NSH]

Okay, I have been putting off bankruptcy for about 2 years in the desperate hope that my financial life would change absurdly and miraculously, but I think I may be cornered into it now for the sake of peace of mind.

One, but perhaps not the only, deciding factor is a Marshal's Notice of Execution I just received on behalf of one of my creditors, in this case Capitol One, who I owe about 15K to. That, by the way is one of my VERY SMALL debts.

Anyway, the notice (which I received in the mail last friday) is apparently one that gives the city Marshal the right to knock on my door and basically take all my "non exempt" personal property. I live in Brooklyn NY, and the Marshal is in Manhattan. Here is what the notice says:

"An Execution against personal property has been issued to me as the result of a judgement entered against you in the above referenced mater. The issuance of an Execution against personal property to a City Marshal creates a lien on all personal property except the "exempt" property set forth in section 5205 of the civil practice law and rules. This "exempt" property may consist of household furniture, one radio and one televison, clothing, one refrigerator, work tools, and other basic household furnishings. All personal property not exempt may be sold at public auction."

And it goes on to talk about wages, and income, checks, and other money that can and cannot be levied.

Now I was always under the impression that creditors can't have anyone empowered to collect their money knock on your door, but I am guessing that I am wrong here. I also know, from the experience of several friends, that Capitol One is one of the most steadfast and rigorous of the creditors when it comes to debt collection and unwillingness to "settle" out a debt.

Can they really come to my house? I assume the answer is yes, hence the judgement. Will they kick my door in if I am not home, say if I am out at work or at the store? What is the chance they will actually come to my house and not just try to seize any hard assets I actually do not have?