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Jjgttp · Oct 9, 2011, 09:16 AM

I Received a writ of execution on September 30/11 . I live in California ( bay area) and it says in paragraph 1.
"The property to be levied upon is described:
All personal property in which the judgement debtor and individual with social security xxx-xx-xxxx has any interest , including but not limited to, any and all deposit accounts, contents of any safe deposit accounts and pledge securities or notes."

I got a bank account with a negative balance so far. Can they come to my house and take my wife jewerly and my kids TV anytime now.
Help please.

ScottGem · Oct 9, 2011, 10:31 AM

The time to ask for verification of debt was BEFORE they got a judgment. Its too late now.

They can take any assets that you are listed as the owner on. So legally, they can take jewelry, furniture, applicances etc. But from a practical standpoint, its rarely worth their effort to do so. So I wouldn't expect them to show up.

Jjgttp · Oct 9, 2011, 11:19 AM

I rent a apartment and there is only 1 car registered under my name. Would they take it if its worth less than $5k. How long do I have since I got served? And do you know if I can contest it legally somehow?

JudyKayTee · Oct 9, 2011, 03:04 PM

It's over UNLESS you have legal grounds to attempt to get the decision set aside. I very much doubt that that will happen UNLESS you were improperly served.

I don't think the creditor will bother seizing property which it then has to sell. I think it will levy against bank accounts and paychecks (depending on your State).

I am confused, though, about why you did nothing until the Judgment was taken against you.

Fr_Chuck · Oct 9, 2011, 03:40 PM

You there is no more notice, you will not know much till they show up at your door at this point. If you work, you may expect to get a garnishment on your paycheck.

The time to do anything was BEFORE the judgement. Also if they put a attachment on your bank account, if you deposit any money, they get it

AK lawyer · Oct 10, 2011, 07:20 AM

Originally Posted by Jjgttp

... Can they come to my house and take my wife jewerly and my kids tv anytime now.
...

As you said, the writ describes property in which you have an interest, not your wife or your children. So, no.

If they were able to somehow establish that the jewelry or the TV belong to you, in whole or in part, you would still be able to claim exemptions with respect to personal property, usually to a set value (as set forth in your state's exemption statutes).

Jjgttp · Oct 10, 2011, 09:49 PM

I appreciate the fast response I have received. Thank you very much for the advice. I have a load of my back. How many years is the attachment on my accounts would last?

ScottGem · Oct 11, 2011, 03:41 AM

Originally Posted by Jjgttp

I How many years is the attachment on my accounts would last?

This also depends on local laws. A judgement is generally for 7-10 years and then renewable for at least one more term. Sometimes longer. In some cases, the writ of execution may be a one time shot and have to be refiled each time, or it may be open ended allowing them to seize any additional monies deposited.