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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6850
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I own an LLC in Alabama, had judgement aganit for $1800. The

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I own an LLC in Alabama, had judgement aganit for $1800. The sheriff came to my home with writ of execution to take truck. Can they do this , can they do this without notice

Hello: Yes, they can levy (seize) upon and sell any assets that are titled in the name of the LLC that has the judgment against it. No prior notice of the seizure is required for obvious reasons. Most creditors don't want to have to deal with seizure and sale of asset. Hopefully, it isn't too late to work out a payment arrangement with them and get your truck back.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 3 years ago.

The truck is in my name not the LLC

Then if the judgment is not against you personally your truck cannot be seized to pay for it. Show the title to the deputy and he should instruct the creditor that the judgment is not against the party that owns the truck.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 3 years ago.

What if payment in the form of a check was given to them 4/18/2013


.I was told by the deputy that payment in full now or they would tow the truck.

I don't know what legal document, if any, the deputy had authorizing him to tow the truck. It might have been just a bluff. Maybe he was trying to do the creditor a favor and you should file a complaint with the Sheriff's department. You should have immediately contacted a local attorney who might have been able to get the deputy to back down. S/he can also advise you if you should consider stopping payment on the check. But that's water under the bridge and I'm pretty sure that the creditor is going to cash the check and refuse to return any of your money. With that small amount of money involved, you're probably not going to come out if you have to pursue them in court.
I hope this Answer is helpful and that you will give it a positive rating. If you have any follow up questions please send back a Reply. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.
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