Fears about Writ of Execution

[pstallone]

pstallone,

Bringing old threads to life won't get you answers or feedback. Start a new thread. It seems you already posted much of this info on various other threads.

Are you some sort of self-imposed moderator of this forum?

[treehugger1]

pstallone,

Bringing old threads to life won't get you answers or feedback. Start a new thread. It seems you already posted much of this info on various other threads.

[pstallone]

Reviving this thread.

After losing my business, I have found myself unable to pay my credit cards, the sheriff who was extremely nice inventoried my apartment, I owe 9000, was careful I have no bank accounts in my name, my crap mostly furniture a few old tvs vcr, computers (older etc. not worth much.)

I spoke to the collection attorney, he didn't seem like a bad guy, he said they really don't want your stuff, i made him an offer, if they dont accept, they can come buy and take my items.

I really don't want to lose my belongings, I cant imagine it would be worth the cost to take them? I offered then 2000, on the 9000. anymore, its not worth it.

I am worried about someone breaking in, I was told they can hire a lock smith when I'm not home, I rent so all the appliances are the condo associations, i'm worried about them taking items that weren't on the list.

Its amazing the leeway given to creditors especially banks.

Any advice, cant go Chp 7, as I own a home with business partner they might be able to go after, that we want to keep, cant sell the market is horrible and dont want to be forced to do so. If we had money we would fix it up to rent.


I have to say the Deputy that came by was amazingly nice, he said I should be out catching criminals, he really didn't want to be here, I actually have seen him in my town, good guy.

The Sheriffs office was also nice, I spoke to the admin that handles personal property, he said its all up to the creditor, the sheriff inst coming back, their job is done,. the creditor has to hire a mover or asset recovery agent, maybe get a a constable from the local PD. and now sell my crap.


Any advice? Im actually afraid to leave my house after Fri, which is the date the items are exposed to public sale.

[seFlaDude]

Wow!! fool4school's story, I'm amazed at the gestapo like tactics and the seizing of property they had no right too, and then having to pay to have them released and I understand not wanting to press the issue for now, But I sure would want to at a later date, I guess each state and district is different, I am in a similar situation in that I have a judgement against me and they also had a writ of execution issued, I had to fill out a court ordered debtor's exam, BUT with that I also added the the exemptions and statue numbers (even though there was not a specific area for them) for all the assets listed so they would be duly notified on the legal document, and the accompanying documents (which they requested) verified said exemptions, So at this point I have not heard anything else from them and don't really expect to, They have not acted on the writ they have, Here in Florida they can be sued for tort if they seize or levy property that they know(hence the legal document) to be exempt, I say this as other people may be able to take a similar approach if in a similar situation, I read this article from a Florida Attorney reference just this.

http://www.assetprotectionfl.com/2010/06/creditor-does-not-have-to-investigate-in-advance-debtors-exemptions-from-writs-of-garnishment.html

[catleg]

Don't be surprised if those sheriff thugs are getting a commission on whatever they can take. It works like that in NJ...10% goes to Special Civil Court deputies. They're like paid collectors, and there are some questions about accountability.

Yes, teach your kids, real world America is nothing like the textbooks.

[desperatio]

fool4school's story is along the lines of what I've been worrying about. I am living in my parent's house, in my old room, on the furniture that they purchased for me years ago when I was a child. I really don't want to be put in the position of watching [I]their[I] property be carted off over my debt.
I can also sympathize with living in a state (Arkansas) with extremely low exemptions for personal property.

[fool4school]

Unfortunately, Pa has lousy debtor exemptions for judgments. Why do some of these old eastern states have such punishing debt laws? Religious self righteousness, a state legislature bought and paid for by the banks? Besides a "generous" $300 exemption, you can also exempt your old clothes, your Bibles, school books, and a sewing machine, and that's it! This is crap right out of the dark ages. Modern State exemptions usually cover many thousands of dollars of property. Do they still have public stocks for persecution of fornicators in Pa?

The gays tend to like Pennsylvania, so the fornicators are safe to fornicate. But, while researching this nonsense, I was also shocked at how horrible the exemptions are in PA. I guess there's yet another reason why parts of it are called Pennsyltucky (no offense to people from KY).

I have never really encountered any sense of religious self-righteousness though. But an anthropologist once described the people from the area as "provincial" (which is just a fancy, polite word for "backward"). And if the failing, corruption-ridden local school district is any indication, I suspect you might be right about something fishy going on politically.

You might be able to exempt your old computer, since any 8 yr old system is not worth $300. More like $50 on a good auction day.

hahaha... I think I paid $300 for it in January 2002!

Here is the exemption form you probably need to send to the sheriff. GD small town sheriffs are nothing but elected criminals, IMO.

Thanks. That resembles the form the sheriff FINALLY gave when when they were done with me. I wanted to scream, "If you're giving this to me NOW, then why didn't you let me see it it WHEN I ASKED TO SEE IT?!?!?!" I probably would have been arrested for yelling at them.

And thank you all for the advice and friendly attitude! I have NEVER had any trouble with the law, and I never expected to be treated like a criminal just because some school said I was a deadbeat.

And OHBoy, I am keeping my big flapper shut re: the sheriffs' bad behavior until AFTER this mess is over. I don't want another visit if I can afford it. And thanks also for thinking their behavior was unprofessional. I'm still in shock that they immediately treated me like they did without speaking to me in person.

[OHBOY]

I would also file complaints about the sheriffs department very unprofessional treatment you recieved along with the fact that they obviously violated your right to see their identification and the documentation they failed to produce.

I would also certainly make my stance known and relate to the sheriff who I was not voting for in the next election.......

[tay666]

Unfortunately, Pa has lousy debtor exemptions for judgments. Why do some of these old eastern states have such punishing debt laws?

PA isn't a state, it a Commonwealth.
Which basically means you pay whatever they say you have to pay, and you don't get to vote on it.
About the only good thing, is that you have to give permission to have your paycheck garnished.

[WhatMoney]

Oops...forgot that tidbit. Pennsylvania.

Unfortunately, Pa has lousy debtor exemptions for judgments. Why do some of these old eastern states have such punishing debt laws? Religious self righteousness, a state legislature bought and paid for by the banks? Besides a "generous" $300 exemption, you can also exempt your old clothes, your Bibles, school books, and a sewing machine, and that's it! This is crap right out of the dark ages. Modern State exemptions usually cover many thousands of dollars of property. Do they still have public stocks for persecution of fornicators in Pa?

You might be able to exempt your old computer, since any 8 yr old system is not worth $300. More like $50 on a good auction day.

Here is the exemption form you probably need to send to the sheriff. GD small town sheriffs are nothing but elected criminals, IMO.

http://www.co.westmoreland.pa.us/she..._exemption.pdf

[catleg]

Once there is a judgment from a court a debt is no longer unsecured, it is secured by your personal property and future income net of exemptions.

[fool4school]

fool4school: and where are you located ?

Oops...forgot that tidbit. Pennsylvania.

[OHBOY]

fool4school: and where are you located ?

[LoadedGuns]

Lesson learned. Secured personal loans are the tools of the devil.

[fool4school]

I'm going to threadjack this conversation because a County Sheriff visited me last week with a Writ of Execution to levy my property for a sheriff sale and some posters think it never happens.

A few years ago I consolidated most of my student loans. One loan slipped through the cracks and apparently wasn't consolidated. The loan also disappeared from my online records kept by the government for almost a year. This was a private student loan offered by the school and not one of the better-regulated federal loans. I presumed it was consolidated, and thought I had proof of such, until I was served with the notification of the court hearing (in a town 65 miles away). I suspect the notification was improperly served, but that is now irrelevant because the default judgment was apparently rendered over a year ago.

Here's the thing: I am collection-proof. I own no home and no car. I am unemployed. I have no money in my bank account (they found an old one that had $3 in it!). Most of my personal property was "disposed of" (as in "thrown out") when I was forced to move into my parents' home in lieu of becoming homeless (which I guess I am anyway).

Surprise, surprise, the sheriff arrived the other day. I wasn't home so he told my dad to tell me to call him. Among other things he told my elderly father was that he might return and force entry in order to levy property for the judgment. My father asked and was told that there was no warrant for my arrest and the sheriff never mentioned any other means to access the home or serve me with papers. The sheriff held papers in his hand, my father said he asked if they were for me, and the sheriff would not give them to me father (who was meant to be a reliable word-of-mouth liaison?).

I called the sheriff a few hours later. The phone call went badly -- the sheriff wouldn't tell me what he wanted, the call kept dropping, he kept mentioning how I didn't understand the law when I asked direct questions about what he wanted, etc. At one point, I had to call the sheriff back because the line went dead. When the line went out again, I told him I needed to end the call. I then called the office of the school's attorney to find out what was going on. After a 15-minute fruitless and frustrating phonecall with them that revealed that the guy I spoke to had no clue why a sheriff was visiting me, I saw the sheriff's cruiser outside and ended that call as well.

Apparently the sheriffs (there were 2 now!) were offended by my abrupt end to the call and rushed right over to levy property. They would not identify themselves. They told me I had created this situation with my behavior on the phone. And then they all-but-accused me of illegal wiretapping because I had a cell phone in my hand (that I had already willingly turned off in front of them without them having to ask). They fully knew the house and its property inside was not mine, but all-but-admitted they were going to levy my father's property to punish me. I eventually convinced them I wasn't trying to be non-compliant when I offered to allow them access to the bedroom I sleep in to see what I own in the house.

Up in the bedroom, I pointed out items that were mine, and they wrote them down. They kept telling me how it was all my fault they were there. At one point I talked back to them and was told they were not going to be friendly any more, so they started listing property that I had told them belonged to my parents. As apparently usual, they refused to list the many books I had in the room, nor any of the DVDs in open view, and even listed the condition as "good" on items I told them were broken. As they left, I was again lectured that I had caused all of this. As I was being handed the very papers I asked for when they arrived and wanted clarification about their having in their possession on the phone:

A Writ of Execution with a clause in capital letters that provides means for my parents to claim their property as exempt from levy for my debt.

The sheriff had refused to show me the document. He ignored my questions about the document. And now I have items up for auction at a sheriff's sale. Once my parents' stuff is removed (at a cost of $30!), anyone can bid on some broken electronics and an 8-year-old computer with a malfunctioning monitor and speakers. And that's only if I don't claim them as exemptions.

Main point: Some creditors will do anything to punish debtors and attempt to recoup their losses by seizing personal property. Even on a very small amount of money they have ballooned to double the original amount.

So, protect yourself. Try to pay the debt if you can. Always be bootlickingly polite to sheriffs. And, finally, tell everyone you know to STAY AWAY FROM PRIVATE STUDENT LOANS!