How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4222
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

in the state of new mexico i was sued by an business out of

Resolved Question:

in the state of new mexico i was sued by an business out of colorado was issued a judgement against me i filed the exempt claim in court. the lawyer for the plaintiff showed up at my home with the sheriff and took a vehicle that did not belong to me or even registered in my name. Queston #2 is it common practice for an lawyer to go the the place and be there when the sheriff shows up?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Who did the vehicle belong to?

Customer: replied 1 year ago.

it belonged to my 30 year daughter my name wasnt on the registration just hers and not on her loan either

Expert:  TexLaw replied 1 year ago.
Well, you need to show the sheriff the car title to show that the sheriff cannot sale the vehicle to satisfy the judgment against you.

In regard to your second question, it is common for the lawyer to accompany the sheriff when seizing assets to sale at a judgment auction, as the lawyer will want to see for himself whether the assets claimed as exempt are actually exempt.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

I think that maybe I wasnt clear on the first question. Why was they able to take the vehicle when it wasnt listed in the court documents and I had the sheriff pull up the registration and it shows my daughter as owner They pull the records through the motor vehicle dept of the state. There was two other vehicles checked and they showed my name on them but they were not taken so what goes with that.

Expert:  TexLaw replied 1 year ago.
They are not supposed to do that. Your daughter is entitled to have them release the car, as it should not have been taken. The sheriff had no authority to remove the vehicle under the writ of execution on the judgment.

If the sheriff won't recognize that the car should be released, then you may need to go to court to get an order from the judge to have the sheriff release your car.

Before you do that, you may contact the sheriff and speak to a supervisor of the deputy who came out and did the seizure to tell them that they took property which they were not entitled to take under the judgment and that you need it released immediately.
Customer: replied 1 year ago.

Thank you just one more thing that is on my mind. Should not the writ of execution/judgement state what should be seized? The writ was against me only no one else so should it have been something of mine seized?

Expert:  TexLaw replied 1 year ago.
No, the writ only says "seize the non-exempt property located at __________" It generally won't go as far as identifying the exact property to be seized.
Customer: replied 1 year ago.

i understand that but should not have the sheriff told him(lawyer) that only items in my name that were non exempt be seized. Or does the lawyer have the right to say what can be seized even though it did not belong to me. There were several properties that could have been seized in my name. The writ had to include her(daughter) and any of her items did it not I hope I am understanding you right. Can I say the property was stolen off my property if they had no right to take the pickup belonging to my daughter. I have a feeling that the lawyer was wrong

Expert:  TexLaw replied 1 year ago.
Yes. You are understanding me and you are right. The lawyer can come in and assist, but cannot direct the sheriff to take an item which is clearly not subject to the writ, like your daughter's vehicle.

The vehicle was stolen, because the sheriff's officer exceeded his authority when he took it.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4222
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

thank you so much!!!! can this be printed for my records?

Customer: replied 1 year ago.

Thank you again I look forward to talking to you again Please stay on the line with me as I go through what I am going to do today. I am going to go to the court house and do paperwork on the vehicle being stolen Thank you How do I pay you?

Expert:  TexLaw replied 1 year ago.
Hi,

Your rating releases payment to me, although tips are always welcomed. I'm hear and available for further discussion.

The only way to print this for your records is to select print out of your browser menu.

-ZDN

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TexLaw
TexLaw
Lawyer
4222 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs