[jadeband]

Two police officers showed up at my front door this evening asking to search my house for personal belongs that can be sold to clear a dept.(ok,crapping pants now). Apparently it's for a small loan I got through the mail. $1,274.97
Of course I said no and my wife kind of gave them a piece of her mind.
They asked me a few questions and wrote down my drivers lic. #. Handed me a piece of paper that's from the sherrifs office. "personal and real property levy".
It reads: Be advised that the sherrif of... county has levied upon all rights,title, and interest of the defendant in the real,personal or business property noted above as per the writ of execution. Faliure to take care of this matter may result in the sale of this property at public auction by the sherrif of... county.
Ok, I owe this money and I want to pay it back. We went through tough times and I couldn't make the payments back then.
My question is how far can this lawyer go with this? Can I arrange payments? I am willing to sell my personal belongings to pay this dept, but I need time.
What can I do to solve this and should I call that lawyer or call the sherrif or call a lawyer to represent myself?
Thank you!

[Ace High]

Pay the debt! They know where you live! The items they collect for the debt from randomly selecting it may be worth more to you then they get for it! A livingroom set that you paid $2000 for may only be worth $200 when they settle. Or fight them and see who wins, please let us know --- Ace

[jadeband]

Pay the debt!! They know where you live !! The items they collect for the debt from randomly selecting it may be worth more to you then they get for it!! A livingroom set that you paid $2000 for may only be worth $200 when they settle. Or fight them and see who wins, please let us know --- Ace

I will definitely pay it! I'm not going to fight it, I owe it! I always felt bad about this loan,bad timming, bankruptcy and foreclosure at that time. We are caught up now though,but no spare money. I have to sell my (gulp) guitars on.. bay. I will need time though! Will that lawyer arrange payments?--J.B.

[JudyKayTee]

I will definatly pay it! I'm not going to fight it, I owe it!. I always felt bad about this loan,bad timming, bankrupcy and forclosure at that time. We are caught up now though,but no spare money. I have to sell my (gulp) guitars on ..bay. I will need time though! will that lawyer arrange payments?--J.B.

It would appear that there is a Judgment against you for a dollar amount. You should have received papers concerning the debt and notice of a Court hearing, minimally.

You can contact the Attorney (the Sheriff is simply the enforcer) and attempt to make payments BUT now that there's a Judgment in place, belongings have been catalogued, there is really no reason for the Attorney to make any arrangements with you. The one advantage might be that no one wants to bother with carting your stuff away, selling it, keep records and so forth.

And, yes, your belongings - if seized - will be sold for pennies on the dollar. You will lose your belongings and STILL owe a chunk of money.

Inability to pay, of course, is not a defense. It would appear that your time to fight this debt has long passed - the time was at the Court Hearing.

[Fr_Chuck]

Or pawn a few things and try and get them back from pawn in a few months

[jadeband]

Ok, I really didn't get any concrete answers here or sympathy at all. Just pay it? That's a no brainer, I wanted to know my rights and what I can and can't do. But thanks for your answers anyway!
I called sherrifs office. Since I refused entry THEY CANNOT COME INTO MY HOUSE AND SELL MY BELONGINGS!
AND THEY CANNOT SELL MY HOUSE!
AND I NOW REALIZE THAT THE LAWYER IS STUCK, NOT ME!
But, before I knew all this, I called the lawyer and tried to make a payment plan that I could afford. They played hard ball and wouldn't budge on a resonable payment plan. Wow, what a bunch of aholes.
THEY WILL HAVE TO WAIT UNTIL I SELL MY HOUSE TO GET THEIR MONEY AND That's THE LAW!
I hope this helps the next person with this problem!
Thanks for your time,
J.B.

[JudyKayTee]

Ok, I really didn't get any concrete answers here or sympathy at all.J.B.

The sympathy answers are posted on other boards; the legal answers are posted here.

I see no benefit in alienating people who are trying to explain the law to you. What you are now posting (and shouting, which is what caps are) is legally incorrect IF the info you have posted so far is accurate and complete.

[jadeband]

Hi,
I used caps just to get my point across . Wasn't shouting,lol.
Also I wanted it easy to read for the next person to have this problem.
I'm not alienating anyone, It's just that the answers weren't helpful and all it did was produce more fear for me,lol.. But I DO appriciate everyone's input! Thank you!
I refused entry, they haven't seen the inside of my house. They can't come in my house without my consent! I spoke with the sherrifs office direct. (is she lying or doesn't know what she is talking about, I don't think so).
Under law THEY CAN'T SELL MY HOUSE, unless I own it outright and I don't.
They can't take my or my wife's car because they are used for work.
Our bank account is under my wife's name only, I don't think they could touch that either way.
If I am wrong on any of this then set me straight!
Thanks,
J.B.

The sympathy answers are posted on other boards; the legal answers are posted here.

I see no benefit in alienating people who are trying to explain the law to you. What you are now posting (and shouting, which is what caps are) is legally incorrect IF the info you have posted so far is accurate and complete.

[JudyKayTee]

They can't come in my house without my consent! I spoke with the sherrifs office direct. (is she lying or doesn't know what she is talking about, I don't think so).
Under law THEY CAN'T SELL MY HOUSE, unless I own it outright and I don't.
They can't take my or my wifes car because they are used for work.
Our bank account is under my wifes name only, I don't think they could touch that either way.
If I am wrong on any of this then set me straight!
Thanks,
J.B.

Your original post referenced the Sheriff entering your house. You made no mention of your wife's car or selling your house. Everyone addressed your original post, not these add ons.

If the creditor is able to get an order allowing the Sheriff to seize personal property to pay a debt the Sheriff can and will enter your home legally. Perhaps it's different in your State. They CAN in NY.

No, only YOUR accounts, wages, property can be liened/seized, either joint or individual. Your wife's INDIVIDUAL property cannot be touched.

Whether anyone will go through all of this for such a relatively small amount remains to be seen.

[jadeband]

Thank you Judy for your advice!
I see what you are saying. As it stands now, they can't come in my house or sell it. I live in N.J. so maybe that's the law here? That's what I was told by the sherrifs office anyway. I'll be honest about this, the lawyer should work out a REASONABLE payment with me instead of playing hardball. What, am I going to pull money out of my all of a sudden? Can I say ,lol.
I told them what I can afford and they didn't want to hear it. I'll try again though.
Ok, I see what you mean about the add ons. I'm new here, that's my excuse,lol.
Thanks,
J.B.

Your original post referenced the Sheriff entering your house. You made no mention of your wife's car or selling your house. Everyone addressed your original post, not these add ons.

If the creditor is able to get an order allowing the Sheriff to seize personal property to pay a debt the Sheriff can and will enter your home legally. Perhaps it's different in your State. They CAN in NY.

No, only YOUR accounts, wages, property can be liened/seized, either joint or individual. Your wife's INDIVIDUAL property cannot be touched.

Whether anyone will go through all of this for such a relatively small amount remains to be seen.

[JudyKayTee]

Here's what NJ Law says: "If the court enters a judgment against either party, it is that party's duty to pay without delay. The small claims court does not collect the judgment for you. But if the judgment is not appealed or paid within 45 days, you can start trying to collect the judgment by garnishing wages or bank accounts, or trying to locate the personal property of the person who owes the judgment." It goes on to explain that a creditor can get a Writ or can require the debtor to make full financial disclosure. I see nothing that says a Writ will not be granted.

As far as what the Attorney should or should not do, here is what I believe is/will be their stance on this. You obtained the money under an agreement to repay. You didn't keep up your end of the "deal." Now why should they trust you a second time? And if they DON'T get a Judgment now and wait, then the debt could be out of Statute. Many creditors (through law firms) get Judgments and never act on them, make payment arrangements, get paid, file a Satisfaction of Judgment.

That's why you think the Attorney should set up a plan with you - you promise you'll pay according to the new terms. They say why should they trust you?

[jadeband]

Hi,
Ok, can't attach my wages, I'm self employed. Bank account is in wife's name. They already served the writ, I refused entry, they can't go beyond that by nj law(entering my house). We did mail a list of belongings, that they required, a while ago. But just a basic list. Not detailed. I guess they could go by that.
I see what you are saying about the attorney not trusting me, that's OK, I don't trust them either,lol. It's a mutual thing.
BUT, that old saying, 50% of something is better than 100% of nothing applies. It was only a difference of $100 less a month I was asking.
I would stick to that, because that's what I can afford.
But, I have to say that I spoke to a paraleagal NOT the lawyer. I'm sure she was going by what the computer told her to say,lol.
Do you know what the statue is for this? How long do they have? That loan was a long time ago.
This whole thing is embarrassing to me, I'm not a deadbeat, I am a person that got himself in hotwater for MANY reasons that I can't say here. I took that loan with the full intention of making ALL the payments.
And now is the worst time to try to get money from me with the way the economy is. We're staying barely afloat just like most people.
Just felt compelled to clear that up.
Thanks for the info Judy! I really appriciate your time!
J.B.

Here's what NJ Law says: "If the court enters a judgment against either party, it is that party's duty to pay without delay. The small claims court does not collect the judgment for you. But if the judgment is not appealed or paid within 45 days, you can start trying to collect the judgment by garnishing wages or bank accounts, or trying to locate the personal property of the person who owes the judgment." It goes on to explain that a creditor can get a Writ or can require the debtor to make full financial disclosure. I see nothing that says a Writ will not be granted.

As far as what the Attorney should or should not do, here is what I believe is/will be their stance on this. You obtained the money under an agreement to repay. You didn't keep up your end of the "deal." Now why should they trust you a second time? And if they DON'T get a Judgment now and wait, then the debt could be out of Statute. Many creditors (through law firms) get Judgments and never act on them, make payment arrangements, get paid, file a Satisfaction of Judgment.

That's why you think the Attorney should set up a plan with you - you promise you'll pay according to the new terms. They say why should they trust you?

[JudyKayTee]

You and I are just going in circles. Hopefully someone will come along with a better handle on things. In the meantime, Paralegals cannot give legal advice so I have no idea what she told you, what context.

I actually work in the "legal industry" and I am not aware of any creditor who is taking the 50% of something is better than 100% of nothing. I also don't know why you think that because you are self employed your earnings cannot be attached.

You are wrong.

[jadeband]

Ok, yes going in big circles now and it's not me! Lol
Nice chatting.
I see what you are saying. As it stands now, they can't come in my house or sell it. I live in N.J. so maybe that's the law here? That's what I was told by the sherrifs office anyway. I'll be honest about this, the lawyer should work out a REASONABLE payment with me instead of playing hardball. What, am I going to pull money out of my all of a sudden? Can I say ,lol.
I told them what I can afford and they didn't want to hear it. I'll try again though.
Ok, I see what you mean about the add ons. I'm new here, that's my excuse,lol.
Thanks,
J.B.[/quote]