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You are not limited to two options. I would start with an attachment from the sheriff to get the property. The cost of the sheriff will be in additional cost to the judgment debtor. I would also move for the inquest to get a value on the equipment so you can levy on the estate proceeds from the sale if the equipment is not there. The pictures will identify the equipment.
On the inquest, include the cost of collecting the equipment as it was improperly taken in the first instance. Then you can get the dollar amount added.
Lastly, you can do post judgment discovery and get the date of the sale.
I would get the inquest started immediately. You can get the sheriff to act on the levy immediately also.
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Your suit would run from 2009 when your claim was denied not the original date of the retention. Your claim did not ripen until your claim was denied by the administrator which is also when you would have learned of the malpractice.
Yes he had a duty to maintain the property in safe keeping under his obligation to the estate. His responsibility is to protect the assets of the estate and deliver it to beneficiaries or to anyone to whom the estate had an obligation. If he was negligent in his duties and as a result property was loss to the detriment of the estate, then I believe the bonding company is liable. I believe his obligation is to the estate to minimize its liability. By allowing the property to be lost he has exposed the estate to unnecessary liability and therefore the bonding company is liable. You may have to bring suit against the estate and the bonding company.
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You would only file a lawsuit if you could not reach a settlement with the bonding company. You want to notify them of the claim and present all the evidence that substantiates your claim. Only if they do not agree to a settlement would you file suit. That suit would be against the executor and the bonding company. The person liable is the executor and the bonding company is like an insurer.
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