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View Full Version : Search & Seizure Specifics - How do they know what you have & who it belongs to?


bobbingstar
Aug 1, 2010, 02:40 AM
1. What is the process for search and seizure of personal property (in Arizona)?
2. After the court rules in favor of the credit card company, and there is a money judgment against you, does a collection agency research you & then show up with a constable to seize specific items?
3. Or is a constable given a search warrant so that he can rummage through your residence, and seize whatever he finds?
4. How much of a shared residence he can search?
5. Does he need to have proof that you own the items that are seized?
6. If you show recipts that the items are not owned by the Silly Spender then are they exempt from seizure?

tickle
Aug 1, 2010, 03:41 AM
Collection agency does not want your personal property because that will not repay them what they want. They want your bank account, bobbinger. Who gave you the idea that a judge would give someone 'search and seizure' on your personal property?

Fr_Chuck
Aug 1, 2010, 08:05 AM
In the few places where there is the right to seize property to be sold, ( still seldom done) there is also normally an exempt list of what can't be taken)
But if it is in your home, it is assumed yours till you go back to court and prove it is not yours.

bobbingstar
Aug 1, 2010, 03:47 PM
There is a handy pamphlet put out by Maricopa county (in Arizona) on how to collect money judgements, at http://www.superiorcourt.maricopa.gov/justiceCourts/docs/Collect_Money_Judgment_packet.pdf - they describe some of the search and seizure process, but don't answer my questions. It seems pretty clear that they can search and seize at the constable's discretion. My concern is that nearly everything in our home belongs to the owner of the house, which is not us. I've recently heard that they only search and seize the house if it is the Silly Spender's house.