Collections on a Judgement

[ursula]

I had a question I haven't seen directly addressed here. We had a judgement placed on us last month, it has yet to be filed, or it doesn't show up at the county clerks office as of yet. Can the judgement be inforced in a way that they can seize our personal property, like our car or my husbands work tools? I know that they can go after our bank accounts, but if we don't keep anything in there, can they start to try to attach our assets? If they can, what would the procedure be? Can they just pull up in a truck and take our stuff? It doesn't sound right to me, but my husband it deathly afraid of this, since this is all we really have. We are ready to file chapter 7 and should be doing so within the next 2 weeks, but until then do we have to worry about protecting our stuff!?!?

[HHM]

Short answer, yes. The judgment acts as an automatic lien against everything you own.

As for how they would go about it, in most states, they would need a writ from the court and probably involve the sheriff to come get your stuff.

The real question, will they go after such types of personal property? Almost certainly not. It would be exceedingly rare for a run of the mill creditor to collect against such items.

[lrprn]

I had a question I haven't seen directly addressed here. We had a judgement placed on us last month, it has yet to be filed, or it doesn't show up at the county clerks office as of yet.

What did you receive that made you believe that there's now a judgment against you? How do you know it's yet to be filed?

A real judgment has to be filed and assigned a court date to be heard before it can go into effect. Did you receive notice about a court date? If yes, did you attend the hearing?

Can the judgement be inforced in a way that they can seize our personal property, like our car or my husbands work tools?

The creditor can only take what is listed in the judgment (if it is a legitimate judgment). What's listed? An asset? Wage garnishment? Something else?

I know that they can go after our bank accounts, but if we don't keep anything in there, can they start to try to attach our assets?

Depends on what the judgment is for. Is it a judgment caused by not paying for a secured asset? Or is it a judgment because you didn't pay on a non-secured loan like a credit card? Does it allow wage garnishment or repossession of a secured item?

Can they just pull up in a truck and take our stuff?

No, they can't come into your home or car without a proper warrant. also the sheriff has to serve the judgment first. Did he/she do that in your case? Or did you just get a threatening document that looks like it could be from a court in the mail? That's a well-known trick by collection agencies trying to scare you into paying a debt.

We are ready to file chapter 7 and should be doing so within the next 2 weeks, but until then do we have to worry about protecting our stuff!?!?

If you are filing that fast, chances are 99% you'll be ok.

If you are filing with a lawyer, have you told him/her about receiving this "judgment"? What does your lawyer think about this?

[ursula]

collections on a judgement

Thanks for your quick replies.
First of all, I am in Ca if it matters.
The judgement was last month for a dollar amount from a lease we had on property for a business that we have since closed. Yes, we went to court, and we lost, so now we were given a judgement with the dollar amount owed. We were evicted from the property by the sheriff 2 weeks later and that is the last we have heard from them.
So if they attempt to lien any property, will they go after the house first (which I plan on including in the ch7). And if they try to lien our van, then they would have to get the proper warrant or paperwork? I just worry since our van will be the only vehicle we have when we let our other car go back, and my husband needs his tools to keep food on our table.
I have asked my lawyer theses questions but she doesn't have any questions.