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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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PaulMJD Attorney. Attention: PaulMJD Attorney. Thank You

Customer Question

PaulMJD Attorney.
Attention: PaulMJD Attorney.
Thank You For Previous Information.
NJ Law.

Letter received from "Court Officer".
"Notice to Defendant" (Large Font, Red Color)
"A copy of the writ of execution is attached..."

Copy (only sent 1 page) copy shows "(Continued on following page)" I did not receive following page.

DOCKET NO.:
JUDGEMENT NO.:
WRIT NUMBER: 002 ISSUED MM/DD/YY

-- EXECUTION AGAINST GOODS AND CHATTELS --

"YOU ARE ORDERED to levy on the property of any of the debtors designated herein; your actions may include, but are not limited to, taking into possession..."

(I am sole debtor) (I would be happy to provide entire wording. I was not sure if this is "boiler plate" content) (Apologies on not getting back to you late February. Funds are major issue.)

I have several questions that I would like to get information on in this area.

The steps taken to date are in previous answered question that you indicated you could look up to refresh memory.

1. It appears to me that they are going/have taken action to seize "my stuff." What are the upcoming actions I can expect?

2. The property, other than the vehicles in my sole name, are a result of marriage. My understanding is that half belongs to my wife. What are the upcoming actions I can expect?

3. ... "Any levy pursuant to this writ shall exclude (1) all funds in an account of a debtor or other financial institution, if all deposits into the account during the 90 days immediately prior to the service of the writ were electronic deposits , made on a recurring basis, of funds identifiable by the bank or other financial institution as exempt from execution, levy or attachment under New Jersey or federal law, and (2) all funds deposited electronically in an account of the debtor with a bank or other financial institution during the two months immediately prior to the account review undertaken by the bank or other financial institution in response to the writ that are identifiable by the bank or other financial institution as exempt from execution, levy or attachment under New Jersey or federal law."

Basically, we are living "paycheck to paycheck" and I receive my pension in paper which has to be cashed at the local check cashing place as I cannot find any institution to grant me a checking account.

What are the upcoming actions I can expect?

4. My house was foreclosed upon last year and taken over by new owners who are in the process of gutting for construction. I have been allowed some temporary storage in the garage. I am currently living in an apartment of relative. I have scrapped a lot of stuff for cash to support ourselves. Quite frankly, I still have quite a bit in the garage.

Candidly, I would like to end this saga and start life anew and considering contacting this court officer and working to convert this to "All proceeds are to be paid to the court officer who shall pay them to the creditor or the attorney for the creditor, or, if this is not possible, to the court."

Taking into consideration all the aforementioned, what is the information you can provide to help me make an informed decision. I am hesitant to contact the "court officer" although I have found cooperation is usually the best method of interaction while the writ states, "Local police departments are authorized and requested to provide assistance, if needed, to the officer executing this writ. This does not authorize entry to the residence by force unless specifically directed by court order."

5. Are all attorneys "officers of the court" as I have heard several times, over the years, in movies and television shows? The letters I receive from them appear to be trying to make it look as though they are from the actual court although I have some skepticism.

Please let me know and I will most likely have some follow up questions. I appreciate your time and expertise.

...
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up question.

This notice means they are going to send the sheriff out to seek to seize your property to satisfy the debt. It also means that they are going to try to place levies on your bank accounts to take the money from those accounts other than what was specifically exempted in the order.

Under NJ law, the exceptions to seizure of property are the same as the bankruptcy exceptions. This means you have to make a list of property exempt from seizure by law and you need to file written exception to seizure. The NJ Bankruptcy exemptions are located at: NJ Bankruptcy Exceptions.

However, based on your above description of your financial situation, it is likely you would qualify for bankruptcy and you may want to consider filing for bankruptcy. In filing for bankruptcy, this judgment against you would be extinguished and they could not collect and this would likely be the best way to put all of this behind you and start over as you said you want to do.



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Customer: replied 1 year ago.

I do not want to file for bankruptcy. I considered bankruptcy and did not have the financial means to pay $2500 prior to filing. I want to act on the situation as it currently is unfolding.


 


I read your reply a couple of times. Would you provide some feedback on question 2. Possibly, they just take everything regardless of marriage. Some of the items belong to my adult son. I just want to be clear in my understanding.


In reference to question 4., to contact "court officer" regarding the foreclosed home which is no longer ours and it is not our place of residence any longer? What happens when the sheriff comes to the address? Can I surrender the goods and vehicles to the "court officer?"


 


Question 5.?


 


Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. Sorry if I missed a few things, it was posted in a bit confusing manner, my apologies.

I understand your aversion to bankruptcy, most people have the same aversion but you would be surprised how many people come back later feeling relieved after they do so. All I am saying is do not discount this option as this judgment remains valid and enforceable until it is paid off and this one seizure would not be the end of it unless they take enough property to satisfy the whole judgment.

You need to file the written exception to seizure and you need to list property that does not belong to you but to your son as that is exempt from seizure as well.

You need to inform the court the house does not belong to you based on foreclosure. You can speak to the court officer (who can be the attorney or sheriff) and arrange to surrender whatever property they are willing to accept and seize. Typically though, the attorney (who is a court officer) will not come out they will send the sheriff.
Customer: replied 1 year ago.

So they can pick and choose what property they will accept and seize?


Are there forms and filing fees for informing the court?


 


Can I rely on the court officer to assist?


 


So they may seize property that was acquired while married despite the fact that I am the sole debtor?


 


Thank you.


 


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the follow up.

They can pick and choose whatever they think they can sell or want to satisfy he debt.

You can call the clerk regarding them having a blank exemption to seizure form, but if they do not have them you have to draft your own from scratch. The heading would look similar to the notice you received, with court name and case name on it and you title it Exemption To Seizure and you list all of the property that you are exempting and you have the laws at the link above that specify what can be exempt.

As far as property acquired during the marriage, both you and your wife are deemed to own the whole item, and as such they can seize it because of your ownership interest I am afraid.
Customer: replied 1 year ago.

I'm going to take time to sleep on this information. It is a lot to digest for me. Two last things...


If I do nothing and let the "balls land where they may," they will decide what they want to seize and send the sheriff to come and get it. If I have already sold, disposed, or scrapped items that are on the information subpoena what happens? Since I have received this writ, I should not sell, dispose or scrap any more items?


 


Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
If you sell or dispose of the items now that you received this notice they can seek to recover the money you received or recover the items under the Fraudulent Transfer Act and then you could be liable to the buyer to return their money.
Customer: replied 1 year ago.

I have determined that the court officer is actually a sheriff for the special civil part. I would like to contact him and explain I want to them to take my properties, liquidate, and send proceeds to creditor who received judgement against me. Do you see any concerns if I do this?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

I said above I figured the sheriff would be the one coming out. If you contact them and offer to them to come out and just seize what they can sell, they would appreciate the cooperation most times and you should have no concerns.
Customer: replied 1 year ago.

Good Morning...


 


After thinking more I would like to know...


 


Is it within my rights to deny access to the sheriff to my goods and chattels as the writ of execution does not allow for force without further court order...


 


Thank you.


 


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Sure you can refuse the sheriff entry on your property and he would have to leave and get a warrant to enter your property to forcibly seize your property. Of course if he does have to do this, he is likely to not be as cooperative when he is deciding what property to seize.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88643
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 11 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi, Good Morning,


 


I spoke to the court officer and let know I want to cooperate in the liquidation of property. Basically, I was asked what property I had. I indicated it was on the information subpoena document. I was asked for the docket # XXXXX I provided. He asked if I could send a copy. I am trying to locate. Other conversation took place. I indicated that the attorney for the plaintiff has a copy. I understand that they will not send a copy and that is usual.


 


Why on earth would they not send a copy if they filed the writ for -- EXECUTION AGAINST GOODS AND CHATTELS -- ? Would it not be to their benefit to do so?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The plaintiff's attorney should send you a full copy and I have no idea why some attorneys do not do so. Of course, some do this because they think people will dispose of the property before it can be seized. You need to make your list and get back with the sheriff, since there may be nothing on the list that they can seize or that they want to seize because they are items the sheriff cannot sell for one reason or another.
Customer: replied 1 year ago.

Hi, I received an email signed from you asking me to check two things. I wanted you to know I rated you excellent on an earlier date. Did you not receive the rating? I appreciate your opinions and may have other questions in the future. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. I apologize for the emails, as it was not from me and it was not sent with my knowledge, these emails are generated automatically by the site and I do not know when they are sent. I have indeed received my rating from you which I sincerely XXXXXXXXXX XXX I ask you to accept my apology for the email if it told you that you had not left feedback.
Customer: replied 1 year ago.

Thank you for your reply. I appreciated your opinions and it lead me to contact an attorney through "legal services" based upon my income. The intimate knowledge this person had on the subject specific to my county and state "closed" the issues for me. Briefly, my income is protected and my property will not be "seized."


 


Your knowledge and opinions paved the path for me. I am now at peace and I thank you for your invaluable insight. Sincerely.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. I am glad that you have been able to get this resolved, as your property and income falls under the exceptions.

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