Writ of Execution

[luke326]

I was served a Writ of Execution because of a default judgment with Discover. The officer attached a sticker to my car and said I was not allowed to sell the engine, etc. I have 10 days to request a hearing and provide a list of my exemptions.

Now, my questions:

My girlfriend owns nearly everything in the house. Do I simply list what I do own and note that anything not listed belongs to her?

Can they come into my home and look around? The officer never showed any interest in doing this, but I'm kind of worried about it.


Thanks in advance for any advice.

[treehugger1]

A writ of execution against what? The car? What did the writ say exactly?

I am assuming you have a judgment.

[luke326]

It says, "Please execute on any and all personal property of the judgment debtor. Plaintiff also request that sheriff provide employment and banking information upon return of the execution."

The sheriff only asked me about the car and did not ask for employment or bank information.

Yes, I do have a judgment from Discover.

eta: The car and the judgment have nothing to do with each other. I own the car and it is probably the only asset they've been able to track down.

[treehugger1]

I don't know what state you are in or your state laws. If this were me, I would file a notorized affidavit/declaration with my local court listing out all my exemptions. I would mail this return receipt to both the plaintiff's attorney and the sheriff's office.

In many states a sheriff can execute against personal property. However, in some states the garnishor must also post a bond with the sheriff's office in case an illegal seizure takes place.

[AngelinaCatHub]

Luke you must act quickly. A roll-off and a sheriff will soon take and impound your car to be sold at auction. What monies collected less 1K (in FL) for your car is exempt from a writ. If they only satisfy a portion of your Judgment, they can pull this again. You best get filed as this is not a little thing now and you are likely to lose your car, but be stuck with money still owed. Get filed ASAP. 'Hub

If your car is worth 1k or less, they cannot take it. How much the Judgment?

[luke326]

I've already made my list but don't know how my GF's things should be addressed. The writ says to make list and bring it to the clerk and then a hearing will be set within 10 days.

I've included all my personal property, including the car, in my list and so I'm not worried that they'll actually seize anything in the end. Everything seems to fall in line with the exemptions, in other words.

eta: The judgment was for $6,500. This only occurred on Thursday and I have 10 days to respond and get a hearing.

[StartingOver08]

What is the value of your car?

The allowed exemption for the car is $1000.

If the creditor can get more than $1000 for your vehicle, then your vehicle may be at risk (depending upon the actual value of the vehicle).

[luke326]

Sorry if I have not been giving enough information. Let me try again.

The exemptions in Nebraska include:

$2,500 - wild card
$1,500 - furnishings, etc.
$2,400 - tools of the trade

There are some other things, like clothing and family heirlooms, that are exempt.

The car is a 1988 Nissan Sentra with 250,000 miles, no muffler and numerous other deficiencies. Given that it is worth so little, I can fit it into my wild card exemption.

I'm not concerned with whether they take the vehicle. I'm more interested in how to handle my GF's property and whether they can just enter my house and look around.

[Violet]

What is the value of your car?

The allowed exemption for the car is $1000.

If the creditor can get more than $1000 for your vehicle, then your vehicle may be at risk (depending upon the actual value of the vehicle).

How do they determine the value? Do they just look at the Blue Book?

[HHM]

Usually, you need to go to court and claim your exemptions.

This is one aggresssive collectors, writs on personal property are VERY RARE.

[AngelinaCatHub]

Sorry if I have not been giving enough information. Let me try again.

The exemptions in Nebraska include:

$2,500 - wild card
$1,500 - furnishings, etc.
$2,400 - tools of the trade

There are some other things, like clothing and family heirlooms, that are exempt.

The car is a 1988 Nissan Sentra with 250,000 miles, no muffler and numerous other deficiencies. Given that it is worth so little, I can fit it into my wild card exemption.

I'm not concerned with whether they take the vehicle. I'm more interested in how to handle my GF's property and whether they can just enter my house and look around.

Your car is worthless as an asset with that kind of age and milage. It is worth $4500 for a trade in if it gets less than I think 22mpg. But worth nothing to the creditor. They cannot take your GF property. She is not involved with your judgment and unless the Judge allows a warrant, they cannot go into your house at all. Have you filed? That would cure it all. If not, you must respond of course. 'Hub

[treehugger1]

As HH stated, a move toward your personal property is rare. I'd still file an affidavit with the court an dsend it return - receipt to the plaintiff's attorney. In my state, they could potentially seize anything in my home, and it would be up to the owneer of the property item to file their own exemption.

[catleg]

I think I'd call the local consumer reporter, if you're game.
Would be funny for this to blow up on Discover.
Tell the reporter you have a new spin on cash for clunkers.

[jacko]

I am letting my condo go into foreclosure. The auction is set for mid October and have to be out by mid April.

However, I stopped paying my HOA fees in Feb. I wanted to pay something to try to get caught up, but the HOA wouldn't budge to waive the $50 monthly late fee and the HOA lawyer got involved after 45 days with hundreds in fees tacked on. So I gave up and called the folks up not to send the monthly mortgage check. My unit is at least $60,000 under water.

I have a court date at the end of September to answer for non payment. Should I send the car off on a vacation...-) I may not attend the hearing and get a judgment. I do owe, but they the HOA were as worse as the credit card firms. I owe at least $2900.

[luke326]

The notarized statement of GF's things is an excellent idea, thank you.

Concerning the aggressiveness, I assume it's because I have NEVER spoken to anyone concerning the debt obligation. I didn't talk to Discover when I quit making payments, I didn't talk to the CA when they got the debt, etc.

After I was served with the writ, I did call to see what they wanted and it was much more than I could afford, so we agreed to disagree on any payment options.

What's amusing is I own a '99 Audi A4 and they still went for the piece of junk in the garage. Still can't figure out why they didn't go after that.