Marshal's Notice of Execution

[NSH]

So it's basically a race against time for me? I guess I have to hope that I can get my taxes filed (as complex as they are) and get enough money for a lawyer before he goes to court. lol More good news.

[backtoschool]

So it's basically a race against time for me? I guess I have to hope that I can get my taxes filed (as complex as they are) and get enough money for a lawyer before he goes to court. lol More good news.

The other alternative, is to just not fear them entering your house. So what if they enter? Let them cart out your crusty old toaster-oven, and kidnap your houseplants. They don't want that stuff, and they are trying to scare you into moving too quickly. Move towards your end goal methodically and don't let them psych you out.

[OhioFiler]

So it's basically a race against time for me? I guess I have to hope that I can get my taxes filed (as complex as they are) and get enough money for a lawyer before he goes to court. lol More good news.

Why do you think filing your taxes is complex? You said you haven't made any money the last few years. Schedule C's aren't that difficult to complete.

[NSH]

Well I have some "valuables" but not many. I am into cooking (sort of a hobby) and have a ton of very nice pots and pans and cooking equipment in my kitchen hanging up on display, as well as on kitchen shelves. I know that cooking implements are "excempt" property, but there may be some cutoff. In addition I have a large bookcase with a great deal of my college and grad books, which are worth more than fifty dollars, which I believe is the cutoff.

I have a computer as well, which I wouldn't want to lose, and it is impractical for me to remove from my home as I use it all the time. The problem I see is the "contempt" issue as my living room case which holds my DVD collection is mostly empty, but I left some DVD's in there, which they would likely end up taking if they come in. I am afrid to leave completely empty bookcases and DVD cases and such for the contempt issues it may bring up.

By the way, I read the linfo in the link you gave, and was not certain it applies to me. They seemed to have ben speaking about chattel, such as when the gas company wants to have their own meter removed. I didn't see anything in there about creditors you just owe unsecured money to. In my case, I used my Cap One card for a cash advance to keep my business going.

I am not sure, based on what I read, if the Marshal could claim what precisely he needs the search warrant for. For instance, I bought a TV on my PC Richards card over three years ago. So if GEMoney Bank wanted to break in to repossess their TV, I think the page you sent me to covers that, because a judge may reasonably conclude that they could recover that television.

Maybe I am just reaching here, but I didn't see anything on that page that indicated a judge would give a warrant just because the Marshal "hopes I have some goods" he can sell. Or amy I just flat out reading that wrong?

[ForumReader]

The other alternative, is to just not fear then entering your house. So what if they enter? Let them cart out your crusty old toaster-oven, and kidnap your houseplants. They don't want that stuff, and they are trying to scare you into moving too quickly. Move towards your end goal methodically and don't let them psych you out.

I have been reading this thread with interest knowing of someone personally who lives in NYC and is struggling with debt. BTS, I agree with your post that the OP should not be psyched out and work on goals the OP wants accomplished.

To the OP, have you thought of maybe working on your back taxes with a law firm specializing in complicated taxes? Would that help?

[OhioFiler]

Empty display cases don't lead to contempt charges.

[NSH]

Ohio, sorry for the double post, but you posted in between me and Backtoschool. <Edit: Hehehe no double post as you guys are FAST! lol> The reason it is complex is because it is three years, the Schedule C, closing the corporation, and I have to deal with a back sales tax issue, as I had no money to pay sales tax for the last year or so I was in business. IN fact, moron that I was with all the stress I was under, I never even filed them, so the state assessed me X amount and got a tax warrant. I just saw a few of the notice in a huge pile of unopened mail. I am going to call NY State tomorrow and see what I can work out with them. These are coroprat taxes so I may be able to just not pay them as they are under the business name not my personal name, but then again, they may want theyr money!


I finally have gotten a lot of my paperwork together and a relative has agreed to file everything for me, as long as I do all the leg ork, in other words, he asks me what I paid for X, and I do all the info hunting. He is a CPA and I wouldn't expect him to go poring through my paperwork as he is doing this gratis. In addition, he has a lot of other clients, so Ican't expect him to do all this in a matter of days or even a week or two. lol


On top of that, there is the matter of saving up between 5K and 7.5 K, which may end up being my largest slow-down factor in filing BK.

[backtoschool]

Ohio, sorry for the double post, but you posted in between me and Backtoschool. <Edit: Hehehe no double post as you guys are FAST! lol> The reason it is complex is because it is three years, the Schedule C, closing the corporation, and I have to deal with a back sales tax issue, as I had no money to pay sales tax for the last year or so I was in business. IN fact, moron that I was with all the stress I was under, I never even filed them, so the state assessed me X amount and got a tax warrant. I just saw a few of the notice in a huge pile of unopened mail. I am going to call NY State tomorrow and see what I can work out with them. These are coroprat taxes so I may be able to just not pay them as they are under the business name not my personal name, but then again, they may want theyr money!


I finally have gotten a lot of my paperwork together and a relative has agreed to file everything for me, as long as I do all the leg ork, in other words, he asks me what I paid for X, and I do all the info hunting. He is a CPA and I wouldn't expect him to go poring through my paperwork as he is doing this gratis. In addition, he has a lot of other clients, so Ican't expect him to do all this in a matter of days or even a week or two. lol


On top of that, there is the matter of saving up between 5K and 7.5 K, which may end up being my largest slow-down factor in filing BK.

Ok NSH, here is a synopsis of my "advice" to you. Take it with the usual grain of salt you would take any advice with.

1. Do not let the marshall pysch you out. Proceed in an orderly and timely fashion towards bankruptcy at your pace, not his.

2. Assume the worst, and prepare for it. Assume that "chattel" means all your stuff but what is exempt, and that eventually Marshall Moses can come in and get everything non-exempt, and then prepare accordingly.

3. Seriously consider hiring the last attorney you talked to who is giving you very sound advice.

4. Get your last 3 years of taxes done asap.

If you do all of these things, in six months you will be well on your way to a new life. In the big picture, six months is nothing compared to all that you have already been through.

[JGT]

NSH stop worrying about the Marshal, they can`t do squat without a warrant which a Judge is not going to grant. Case closed. And what you guys should do is delete this entire thread because it`s showing up on Google which can be used solely to piss off a Judge to grant a warrant. Look at the bottom of this link if you don`t believe me.......Everything you write here is easy as 1-2-3 for these Marshals to find and print out

http://www.google.com/search?hl=en&safe=off&ei=X1_gStblO4PelAfz092EDw&sa=X&oi=spell&resnum=0&ct=result&cd=1&ved=0CAoQBSgA&q=marshal%27s+notice+of+execution&spell=1

[backtoschool]

NSH stop worrying about the Marshal, they can`t do squat without a warrant which a Judge is not going to grant. Case closed. And what you guys should do is delete this entire thread because it`s showing up on Google which can be used solely to piss off a Judge to grant a warrant. Look at the bottom of this link if you don`t believe me.......Everything you write here is easy as 1-2-3 for these Marshals to find and print out


http://www.google.com/search?hl=en&s...cution&spell=1

I want the thread to turn up in Google so that people who need help can find the thread and get advice just like you did.

[JGT]

Ok fine, but you have to remember that these Marshals use this Notice of execution a a weapon to make people pay and what we are doing here is basically exposing them and that could antagonize

[NSH]

I am not worried about antagonizing them, certainly not with a thread in an Internet forum. I am just trying to figure out who is right. It seems people are split on this issue. Some say thay can get a court order to break and enter. Others say it is theoretically possible but are not sure how possible; and still others say they likely will not.

[ForumReader]

Ok fine, but you have to remember that these Marshals use this Notice of execution a a weapon to make people pay and what we are doing here is basically exposing them and that could antagonize

Again, I have to agree with BTS, that by having this thread show up in google, it would help those who are looking for help/advice concerning dealing with marshals. Personally, I find this stupid that some states have laws allowing marshals the priviledge of breaking in other people's homes with court warrants and scout for anything valuable to sell stuff.

[NSH]

But here is the question, ForumReader: Can they come in to "scout" as in a fishing expedition in the hopes that you have something of value they can sell, that is not excempt? OR (and this is a big "or") do they have to show reasonable cause? In other words, using my example above, say I bought two big screen TV's and a whole bunch of video games and THAT CREDITOR was suing me. Wouldn't they have more of a "reasonable" claim that the Marshall should break in to get their stuff back? As opposed to a creditor like Capitol One that I used for cash advances over two years ago.

See my point?

[JGT]

They can`t get a court order, a judge would never allow it because there is no suspicion that a crime has been committed. The need doesn`t override the Constitutional protection of unreasonable search and seizure, there has to be a suspicion of a crime. What crime here has happened? A guy is late on his CC payments? But what I`m saying is knowing the nuts here in New York, a Judge might just say to hell with it if they get pissed off enough. On the other hand maybe not because they`re probably in debt as well with this freaking economy. lol! Yeah, leave the thread up. I really don`t care. I haven`t paid them anything in 3 weeks and they`ve been to my apt. 3 times before without breaking in. What it comes down to is it`s just not financially worthwhile for them to do so. These Marshals make their money by towing cars all day. Like that one lawyer told me, they aren`t going to risk a lawsuit by breaking in a door of someone they aren`t too sure lives there for a $50 dollar XBox.