Fears about Writ of Execution

[desperatio]

Hello all, I've only recently found this great forum, and have already decided to take the advice I was given here to wait to file BK on my $18,000 of CC debt until I have gotten a job. So far I'm being sued (not served yet) by lawyers representing Discover card for approx $3500.

I've been unemployed for over a year, live with my parents and don't own a car. At the moment I literally have $40 to my name.
The most valuable single thing I own is a TV, worth no more than $400.

I've been told that I'm currently judgment-proof, but I'm worried that I may wake up one morning to find the sheriff here to begin carting out everything I own. I'm in Arkansas, and from what I see most of my things would fall into the exemptions, but what I'm more worried about is that my parent's or my brother's property might also be taken, even though everything of mine is in one room.

Does anyone know if you get any kind of warning in this situation, or do they just pounce on you at random? I'm really sweating this because I don't want my poor choices to hurt my family.

I've heard that Executions on personal property are rare, but since I currently have no paycheck or bank accounts I'm afraid they'll try this, especially since the last time I called them they didn't want to talk to me at all, and I have informed them that I am basically destitute until I can find work.
Thank you to everyone in advance for any information at all.

[frogger]

You're not judgment proof, however you may be collection proof. I would agree that executions on personal property are rare. Our local Sheriff department won't touch personal property.

It has to be picked up, stored, auctioned, and it's just not worth much to anyone other than you.

But the big kicker is...... the Sheriff is an elected official. If he starts allowing the seizure of personal property, he probably will loose his next election.

[BrokeIn2010]

Well one thing, they don't want TVs, DVDs, or clothes, or books; stuff like that isn't going to draw anywhere near what you owe at auction And, as I've been told in the past, in a situation like yours they're not really going to get int the legal and administrative headache of sorting out who owns what.

And, as Frogger said, county sheriff's offices (on average) don't like doing crap like seizure: 1) it puts them in a bad light come election time, 2) it's a headache for the office, 3) they (and I say this as a former office-volunteer for our country sheriff) a lot of them see it as a waste of time that could be spend on real cases and crime.

[jacko]

Chill. Nobody is going to seize your property. I have over 60k(including fees and interest) in CC debt. I have been sued by crap one and they were unable to seize any of my cash assets due to being pro active.

You need to open up a Wal Mart money card when you start earning money again.

Also, do not declare BK over 18K in CC debt. As debt ages, it becomes less in value. You maybe able to settle for at least 20 cents on the dollar. What is your states statue of limitations?

Hello all, I've only recently found this great forum, and have already decided to take the advice I was given here to wait to file BK on my $18,000 of CC debt until I have gotten a job. So far I'm being sued (not served yet) by lawyers representing Discover card for approx $3500.

I've been unemployed for over a year, live with my parents and don't own a car. At the moment I literally have $40 to my name.
The most valuable single thing I own is a TV, worth no more than $400.

I've been told that I'm currently judgment-proof, but I'm worried that I may wake up one morning to find the sheriff here to begin carting out everything I own. I'm in Arkansas, and from what I see most of my things would fall into the exemptions, but what I'm more worried about is that my parent's or my brother's property might also be taken, even though everything of mine is in one room.

Does anyone know if you get any kind of warning in this situation, or do they just pounce on you at random? I'm really sweating this because I don't want my poor choices to hurt my family.

I've heard that Executions on personal property are rare, but since I currently have no paycheck or bank accounts I'm afraid they'll try this, especially since the last time I called them they didn't want to talk to me at all, and I have informed them that I am basically destitute until I can find work.
Thank you to everyone in advance for any information at all.

[desperatio]

Chill. Nobody is going to seize your property. I have over 60k(including fees and interest) in CC debt. I have been sued by crap one and they were unable to seize any of my cash assets due to being pro active.

You need to open up a Wal Mart money card when you start earning money again.

Also, do not declare BK over 18K in CC debt. As debt ages, it becomes less in value. You maybe able to settle for at least 20 cents on the dollar. What is your states statue of limitations?

Unfortunately in Arkansas judgments are good for 10 years, and can be renewed for another 10.

[GoingDown]

Believe me, they do not want any of your personal property.

Imagine what used underwear with brown tire tracks will fetch at an auction?

Personal property that is used loses most of its value almost instantly.

The costs of paying the sheriff to some out and serve the writ, and then hiring someone to pack up all your belongings, move them, store them, insure them, auction them, etc. would far outweigh what they would be able to sell them for at auction.

And in some states, the sheriff has no right of entry into a person's home for a civil judgment. In other words, if the sheriff came out and knocked on your door, and you just stayed quiet and didn't answer the door, he or she is not going to bust your door down to come inside and take your stuff.

They have real criminals to go after, that are a much higher priority than a debtor's used stuff.

I have personally never heard of a person's personal property ever being taken to pay off a credit card judgment. NEVER! It just doesn't happen.



Now, on the other hand, if it was about child support enforcement, or an angry ex-wife with a divorce/allimony judgment (and with personal first hand knowledge of hidden assets), that might be a different matter, but NOT FOR CREDIT CARD DEBT!

[anykey]

I agree. Who want personal stuff. Call in a dumpster.

[WhatMoney]

Imagine what used underwear with brown tire tracks will fetch at an auction?

Well, you never know if it's an eBay auction...
There is a active market for used women's shoes and socks, and ummm other items on eBay. Preferably unwashed..

[anykey]

Man- ebay hit the gutter. LOL. who wants unwashed junk.

[OHBOY]

'desperatio':
I have mulled the same scenario, and also find the thought of a sheriff coming to pick up my junk that unnerving. Here in FL it certainly is a possibility as they do allow just that, with the affidavid of exemptions submitted AFTER levy....

However, I agree with others that I too have never heard of it...just would not be too cool to become the first one....

Did read (on this forum) about a guy in NYC where the Marshall tried to get his belongings......

All one can do is take the attitude: 'come and get it'....at least after any first levy, and (hopeful) recuperation of the exempt personal property of family members, everybody knows to put the furniture on rollers for the next judgment creditor that comes knocking with a writ to levy.....

[desperatio]

Uh-Oh! Looks like my information was bad. In Arkansas the personal property
exemption (which I understand is also used in judgments) is only $200! I guess that means if they do levy my belongings I'll try to keep my bed.

[desperatio]

Sorry for the double-tap, but I just realized that in Arkansas you can use either state OR federal exemptions (which are much more generous) when filing BK. I can't seem to find out if you can also choose to claim state or federal exemptions from judgment execution in states that allow both. Has anyone ever heard of anything like that?

[jacko]

That is a good question. I to can use the federal exemptions. If I don't file for now, can I use the federal exemption to counter a judgment?

Sorry for the double-tap, but I just realized that in Arkansas you can use either state OR federal exemptions (which are much more generous) when filing BK. I can't seem to find out if you can also choose to claim state or federal exemptions from judgment execution in states that allow both. Has anyone ever heard of anything like that?

[WhatMoney]

Sorry for the double-tap, but I just realized that in Arkansas you can use either state OR federal exemptions (which are much more generous) when filing BK. I can't seem to find out if you can also choose to claim state or federal exemptions from judgment execution in states that allow both. Has anyone ever heard of anything like that?

You are restricted to State exemptions for civil judgments, which are only governed by State statutes and processed in State courts, AND to a few Federal law exemptions (Supreme Court Decisions) that apply to all states, such as Social Security benefits, and Federal wage garnishment law (which Arkansas statutes follow).

Since BK is a Federal law processed in Federal court, some states allow Federal or State exemptions. You can not choose the Federal bankruptcy exemptions when you are dealing with a civil judgment in State court, whether or not the state allows Federal exemptions for bankruptcy court.

[GoingDown]

'desperatio':
I have mulled the same scenario, and also find the thought of a sheriff coming to pick up my junk that unnerving. Here in FL it certainly is a possibility as they do allow just that, with the affidavid of exemptions submitted AFTER levy....

However, I agree with others that I too have never heard of it...just would not be too cool to become the first one....

Did read (on this forum) about a guy in NYC where the Marshall tried to get his belongings......

All one can do is take the attitude: 'come and get it'....at least after any first levy, and (hopeful) recuperation of the exempt personal property of family members, everybody knows to put the furniture on rollers for the next judgment creditor that comes knocking with a writ to levy.....

This is my point exactly.

In theory, it could happen, but...

Why have we never or at least very rarely ever heard of it happening?

#1. It is simply not profitable for the credit card company to sift through mountains of low value items in order to get paid. They are not set up to do this, and it would end up costing them more than it was worth to them. They want only wages, checking accounts, and liens on real estate (and very rarely liens on cars with a lot of equity). Everything else is usually a waste of their time.

#2. The sheriff has serious criminals who pose a major threat to society to go after every day of the year. If his deputies and constables are busy sifting through the smelly contents of my underwear drawer looking for a jewel, while people are getting killed on the streets of Phoenix, then he probably won't get re-elected.


The only times I've ever heard of anything even remotely similar happening is when it is a civil judgment for divorce, child support, and sometimes wrongful death, where the judgment creditor doesn't care about making a profit, they just want revenge, and they are willing to pursue the debtor to the ends of the earth to get back at them. But credit card companies and junk debt buyers want to make a profit, so they go low hanging fruit... checking accounts, wages, and real estate. They don't do things for spite.