Sheriff at door to take my personal property!!!!

[catleg]

The court clerk would have to issue a writ of replevin to the sheriff for him to take the cars.
They're supposed to give you 3 days notice.
In NJ you have a wild card $1000 exemption against judgments which may be enough to cover the value of an old car.
Meaning, if they take it and sell it the first $1000 goes to you.
They would also have to pay auction fees, storage, etc so chances are it does not make economic sense for them to go after the cars.
However there is always the spiteful plaintiff, hopefully you don't have one of those..

[PANSYFACE]

Thank you Catleg. I don't know why American Express's attorney would be spiteful - but this one has cleaned out my bank acct and now wants personal property.

[IamOld]

Thank you Catleg. I don't know why American Express's attorney would be spiteful - but this one has cleaned out my bank acct and now wants personal property.

Pansyface, that is absolutely awful. Period. Awful.

However...in case you may be interested...in DELAWARE, STATE CHARTERED banks (small - like Bank of Rehoboth) bank levies garnishments are NOT allowed...so...that may be a way in the future to keep your account safe until you file...

[PANSYFACE]

IamOld - found a bank that will open another acct in just husband's name - he's on his way to do it now - so at least we won't lose anymore $. Thank you for your input.

Working on the rest of info to be done -

[IamOld]

GOOD!!! I know it may not be much - but take care of yourselves - do NOT let "THEM" crush you...do NOT let them win!!!!

[catleg]

How long ago did they take the bank money?
You might still be able to make a court filing to claim your $1000 and object to the turnover of funds.

[GoingDown]

Thank you Catleg. I don't know why American Express's attorney would be spiteful - but this one has cleaned out my bank acct and now wants personal property.

Doesn't it seem odd that a giant credit card company like American Express has hired attorneys to not just go after low hanging fruit like wages and bank accounts, but now they want to go after personal property, too?!? I'm having a hard time believing this. This would be the kind of story a debt collector would love to float around and get the rest of us scared about.

Going after personal property is so unlikely to get them any net profits, that is usually reserved for spite, and therefore usually only done by angry people in divorce cases, etc., but not big credit card companies with millions of customers.

What's next? Are they going to come bust down my front door and then rifle through my laundry hamper and take my used underwear?

[IamOld]

GoingDown, it's called fascism - no I'm not overblowing it...the original meaning of the term - as "defined" by "Il Duce" - Mussolini, was the merging of the state with corporate interests...

[GoingDown]

But it doesn't make sense. Garnishing wages and checking accounts makes sense. They get paid easily from those sources.

Taking crappy old used clothes and merchandise from people's homes, or in most cases, even used cars is going to end up costing them more than they will get from it.

So, I'm saying that I am having a hard time believing this story. It doesn't make sense.

[PANSYFACE]

I'm sorry that you find this hard to believe but unfortunately this happened to me! It didn't make sense to me or any of the attorneys that I spoke to either.

the first judgement - also american express- zwicker & assocs - I sent them the identical info on the debtors exam and apparently they didn't think it worth going after.

This last one must have thought that I had millions hidden away or something - I live in a wealthy community but I have never been wealthy or even breaking even most years.

Believe me Going Down, I wish that this was all some story that I made up but my life has been a living hell.

And to all of you who have been very supportive while I try to get my life back in order - THANK YOU!!

I'm making progress on taxes and about ready to send info to attorney - most of my business credit cards aren't listed on the report and I have to add all the companies that have bought the debt -lots of crosschecking but I'm almost there.

Keep me in your prayers!

[mountanddo]

But it doesn't make sense. Garnishing wages and checking accounts makes sense. They get paid easily from those sources.

Taking crappy old used clothes and merchandise from people's homes, or in most cases, even used cars is going to end up costing them more than they will get from it.

So, I'm saying that I am having a hard time believing this story. It doesn't make sense.

I think they are only after the cars. I didn't read anywhere they were there to take old used clothes. I'd have a really hard time allowing anyone to take my clothing even if they hauled me off to jail.

Are you doubting her story or do you think the sheriff is bluffing?

[DYLAN150]

From what I am reading, they don't take your clothes in New Jersey.
Wearing apparel generally are reserved for a judgment debtor's family use As far as automobiles goes, they won't touch them unless you have alot of equity in them and they NO they can sell at auction. Collectable cars are a target. If the car is on a lease, and the payments are up to date, your safe. A lease car is just a rental. They want cash, like your bank account and to garnish your wages.

[GoingDown]

I think they are only after the cars. I didn't read anywhere they were there to take old used clothes. I'd have a really hard time allowing anyone to take my clothing even if they hauled me off to jail.

Are you doubting her story or do you think the sheriff is bluffing?

Well, it seems so different from what I've heard about around here in Arizona.

In Arizona, this is an extremely rare event, and usually only happens in cases where the plaintiff and defendent knew each other before the lawsuit, and knew about the assets involved and their value and whether or not they were paid off, and quite simply, it is usually more out of spite than any business move. I have yet to hear of this being done around here over credit card debt.

And usually this is handled during a debtor's exam. During the exam the judgment creditor asks about the vehicle, for example, and then asks the judge for a turnover order right on the spot, which then orders the debtor to turn over the vehicle to the judgment creditor within a few days or face contempt charges.

And in cases where the sheriff does actually come out to get a vehicle, they will also have a tow truck ready to tow away the vehicle immediately. They don't give the debtor a second chance to save the vehicle.

[PANSYFACE]

I only had to send in information by mail via subpoena (sp?) - no court appearance. I sent basically the same info to both judgments. The second one was the one who cleared out my 1.94 savings acct and about 30.00 in checking. However, I had a debit I wanted to pay and so it caused an overdraft - so it was either cover the levy or get dinged for 70 bucks in overdraft charges. We couldn't close that account because of automatic debit and BOA wouldn't let me do it or I would have.

It seems Arizona is very harsh by seizing your car immediately. I told the sheriff we were filing bk and had a fully retained attorney - he called the attorney to verify and went on his way. I don't trust that this will stop anything which is why I am so frantic about getting everything done and filed.

[GoingDown]

Harsh, maybe, but it is very rarely ever done at all.

There is a motor vehicle exemption of $5000 per person in equity (car's blue book value minus any car loan), and if the person is disabled, the exemption amount is $10,000.

Which means at the very least, the judgment creditor has to give the debtor $5000 for their used car (which is generally better than what they would get if they traded in the used vehicle at a car dealer), and hope that they can get more for the car at auction.

The only times I have heard of it happening are in divorce cases, and in homeowner vs. home repair contractor lawsuits, where the plaintiff is extremely angry and taking it personal, and willing to blow some money going after someone just for spite.


I want to make sure everyone reading this realizes that such activities by ordinary debt collectors are extremely rare and unusual. This is not the norm, or at least it wasn't in the past. If this starts happening more and more, then I would have to assume that debt collectors are getting very desperate to get any money at all, and so are grasping at straws trying to get paid.