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William B. Esq.
William B. Esq., Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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My husband and I have a civil judgement against us. We had

Resolved Question:

My husband and I have a civil judgement against us. We had not heard from our former landlord until a Sheriff showed up on our doorstep to levy our property on April 30, 2013. Which was up for sale as of June 12, 2013. Our property did not sell and our former landlord will be picking up our possessions on July 22. First, did we have to be notified by Certified mail of a court date? How long does our former landlord have to pick this up? I believe June 12 too July 2 a long time. Once he takes possession of this property, can he continue coming after us?
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I am sorry to learn of this levy against you. Unfortunately, "writs of execution" or levies do not require the creditor to give notice to the judgment debtor. Your landlord may continue to levy or otherwise continue to pursue the debt until it is paid in full (including interest, collection costs, and any attorney's fees).

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 4207
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

In other words we were taken to court without a chance to respond and our former landlord can continue to run up expenses at our cost. And anything I replace our possessions with, he can take us back to court and take possession of?


 

Expert:  William B. Esq. replied 1 year ago.
Your landlord may continue to go to Court to get orders to enforce the terms of the judgment. This includes orders to garnish your wages, levies on either real property (land and homes), personal property (cars, furniture, appliances, etc.), and to levy on bank accounts.

To protect yourselves, there are many "exemptions" that apply to protect you from garnishments or levies that will allow you necessities to survive at a reasonable standard of living despite having this outstanding judgment. These are items or amounts that your creditor cannot take from you to satisfy the judgment. You can find a brief overview of these exemptions here: http://www.nolo.com/legal-encyclopedia/pennsylvania-bankruptcy-exemptions.html

If you are unable to pay your debts, and find yourself in a situation where your income is unlikely to increase to the point where you will be able to do so in the near future, it may be worthwhile to speak with a bankruptcy or insolvency attorney. While you may not decide to actually file, it is important to explore this option early as proper bankruptcy planning will allow you to both protect yourself prior to filing (getting the most out of your exemptions now), and allow you to maximize the benefit of your bankruptcy and "fresh start for the honest debtor" thereby maximizing the benefit of the bankruptcy code.
Customer: replied 1 year ago.

Who determines what the property he has taken is worth?


 

Expert:  William B. Esq. replied 1 year ago.
The value of the property is set by the Sheriff prior to the sale.

I would recommend reviewing the following link: http://www.palawhelp.org/resource/sheriff-sales

It is very helpful in understanding the procedure and the exemption process as well as your rights in this matter.
Customer: replied 1 year ago.

One last question. The letter I have states:


 


"the following personal property seized and taken in execution by me: amount due $5,174.21 + costs & interest" Does this say that what he is receiving is worth the amount listed?


 


 


 

Expert:  William B. Esq. replied 1 year ago.
Dear Customer, what this says is the total amount of the judgment is $5,174.21. This is how much you owe (plus the cost of collection).

This does not give you the value of the property as assessed by the sheriff.

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William B. Esq.
William B. Esq.
Attorney
1999 Satisfied Customers
Civil litigation attorney for individuals and businesses.