If there is a judgement, what can they take?

[Ineedhelp2]

I will soon have a $28k judgement and it could come more than 30 days before I file Chapter 7.

I am self employed, so they cannot garnish my pay. We will either have lost our home by then, or if somehow we reatian it, we have negative equity, so I assume that any lien would be stripped by a Chapter 7, since it would not be secured. I know they could go after our checking account, but I could try hard to keep the balances low, and maybe cash checks somewhere and use mostly cash.

But could they do anything else? Could they get an order to sieze our automobile, the equipment I use for my business, or any personal belongings? Could a sheriff be walking out with our tv set?

[JRScott]

Getting a judgment and enforcing a judgment are 2 different things.

Have they filed for the judgment yet?

Once they file and you are served you generally have 30 days in most states to respond to the filing.

After that they get what's called a default judgment or if you challenge it the court sets a date. (If its true though I wouldn't challenge).

Then after judgment in most jurisdictions you have the discovery phase where you have to disclose your financial affairs, this can take up to another 30 days.

Then you go into the actual payment phase.

Even after its filed it can be removed int he bankruptcy process. So try not to worry to much.

[frogger]

Could they get an order to sieze our automobile, the equipment I use for my business, or any personal belongings? Could a sheriff be walking out with our tv set?

Yes, if it's paid for.
Not if it's incorporated.
Yes.
Yes.

As to your car, that would be the first thing I would take. Your business equipment is questionable, your personal belongings I don't want. Your tv is up for grabs too.

However, with all of that being said, everything must be stored and then have an auction. Most sheriff departments HATE this process and are reluctant to do it in our area.

They don't mind a vehicle, but everything else makes their butt cheeks pucker up pretty bad. After all, the sheriff position is elected and he has to run ever four years.

Now if you owed someone money on all of this, then things could change...

[AngelinaCatHub]

I had a judgment against my Mother's ex husband for attempting to change Title after her death. It was only $1200. I simply went to the Sheriff with the document in hand, paid a bond of $1000, got a writ of attachment. The Sheriff deputy and a rollback went to their house ex and his live in, and took the car. The car was sold at auction and I was the only bidder. I got a $6500 car, my bond back, it cost me about $200 net, and it only satisfied $8 of the Judgment. I could go back again and again. Not that mean, got my pound of flesh and let it go. We drove a free car for 4 years until it blew an engine.

You really want to avoid a Judgment. File earlier if you can or stall the procedure if you are able to do so. 'Hub

[Clouddancer]

Yes, if it's paid for.
Not if it's incorporated.
Yes.
Yes.

As to your car, that would be the first thing I would take. Your business equipment is questionable, your personal belongings I don't want. Your tv is up for grabs too.

However, with all of that being said, everything must be stored and then have an auction. Most sheriff departments HATE this process and are reluctant to do it in our area.

They don't mind a vehicle, but everything else makes their butt cheeks pucker up pretty bad. After all, the sheriff position is elected and he has to run ever four years.

Now if you owed someone money on all of this, then things could change...

Just tell the sheriff that you have no non-exempt items.

[JRScott]

The point I was making is even if they filed for judgment and you were served beforehand if you filed say within the 30 days allowed to respond to the summons you'd easily have no problems with it.

[frogger]

Just tell the sheriff that you have no non-exempt items.

Before I would ever attempt to have anything seized, I would have checked for clear title. That's why any vehicle with a title is the easy target. Everything else could be questioned.