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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I received a notice of execution from the county sheriffs

Customer Question

I received a notice of execution from the county sheriff's office. It says they are required by law to satisfy the judgement, with interest/fees, etc, from my personal property, if sufficient personal property can not be found, out of real property belonging to you.

what does this mean in laymens terms?

What if anything can I do about this? I don't have the money they are asking for and doubt i have personal property to satisfy this debt.

What can they take as far as personal property? and how do they determine what is mine versus what is my boyfriend/roommate's belongings?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for submitting your question. The original lawyer you requested was not available, so I've picked up your question to answer.

What is about to happen is that the sheriff is going to come to your house and seize any personal property (including your car) you have which is not exempt. The sheriff will then take this and auction it to pay down the judgment against you. If this does not satisfy the judgment, then if you own a house, the sheriff will place a lien on your house. If the house is not your homestead (i.e., if this is not your only house), then the sheriff will sell the house.

The following personal property is exempt from being seized:

(1) All family pictures;
(2) A pew or other sitting in any house of worship;
(3) A lot or lots in any burial ground;
(4) The family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars;
(5) All wearing apparel and clothing of the debtor and his family;
(6) The provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year;
(7) All property in this state of the judgment debtor if the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;
(8) Any health aids professionally prescribed to the debtor or to a dependant of the debtor.


You may then select other personal property you have up to be exempt up to a value of $5,000.00. This is where people usually place their car. Do you know how much your car is worth?

In regard to your boyfriend's property, he needs to go through and separate it out and put it into a room by itself or move it out of the house until the sheriff comes to make the seizure.

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4265
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

If they go by my estimation, my car is probably worth about $800.


 


Who determines the value of the items they seize?


 


What does #6 - The provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year - mean?



Thank You.

Expert:  TexLaw replied 1 year ago.
You need to print out a bluebook value on the car to be able to show the sheriff that it is exempt. You can find this information at: http://www.kbb.com/whats-my-car-worth/

In regard to who determines the value of what they seize, the value is determined by what the property is sold for at auction.

IN regard to your last question, #6 is referring to food, seed and fuel. So the sheriff cannot take the food out of your refrigerator or pantry. And if you are a farmer, the sheriff cannot take your seed stock.

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.

Thank you for the information.


 


So I can choose $5000 worth of property to be kept exempt, other than the vehicle, how do I prove the value of what I am keeping?


Do I make a list of Items and values that I am keeping?


 


My boyfriend and I have lived together for over 4 years, most of the personal property in the house is his. I have some furniture and personal items, but most of the items of any value are his (electronics, etc). I don't know that it would be possible to move all of his stuff to one room or out of the house.


The house is my primary home, I don't have anywhere else to live, so if they don't receive sufficient money for my belongings, they will put a lein on the house? What does a lein do?


 


Are they able to take appliances from the home?


 


When they make the seizure, do they just come in and start boxing stuff up and moving it out? what really happens?

Expert:  TexLaw replied 1 year ago.
1. So I can choose $5000 worth of property to be kept exempt, other than the vehicle, how do I prove the value of what I am keeping?

Yes, you need to put together a list of items that are not exempt and you need to claim that these are within your $5,000 exemption. The sheriff will then appraise the items to determine if the valuation is correct.

2. I have some furniture and personal items, but most of the items of any value are his (electronics, etc). I don't know that it would be possible to move all of his stuff to one room or out of the house.

He needs to mark these items and be prepared to sign an affidavit that these items are his.

3. The house is my primary home, I don't have anywhere else to live, so if they don't receive sufficient money for my belongings, they will put a lein on the house? What does a lein do?

You need to file for homestead protection. This can be done by going down to the county clerk's office and asking for the form to fill out for homestead exemption. The lien can still be placed on your home, but this means that when you sell the house you have to pay off the lien from the proceeds of the sale.

4. Are they able to take appliances from the home?

Yes

5. When they make the seizure, do they just come in and start boxing stuff up and moving it out? what really happens?

Each county has its own procedures. Sometimes they do simply come in and box it up and take it to auction. You should contact the sheriff's office and ask to talk to someone about what the local procedures are in your case.
Customer: replied 1 year ago.


Thank you for your information. You have been very helpful. I have just one more question...I hope...


 


SD state law says


 


43-31-1. Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile home exemption--Senior citizen's homestead exemption from tax sale limited. The homestead of every family, resident in this state, as hereinafter defined, so long as it continues to possess the character of a homestead is exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and as provided by statute. However, a creditor or lien holder of a mobile home classified as a homestead under § 43-31-2 prior to January 1, 1973, may not be cut off and is not subject to a homestead exemption. In addition, a homestead with a value of less than one hundred seventy thousand dollars of a person seventy years of age or older, and the unremarried surviving spouse of such person, is exempt from sale for taxes for so long as it continues to possess the character of a homestead.


 


Does that mean I don't have to file for homestead protection? Or does it apply to what I am looking for?


 


When I called the clerk of courts and county register of deeds, they had no idea what a Homestead Exemption is.


 


Thank You!

Expert:  TexLaw replied 1 year ago.
Hmmm...Let's see.

South Dakota seems to have an automatic application of the homestead exemption (different than most other states). So, it applies automatically and you do not have to register for it.

Thanks for letting me know so I could correct my error.

-ZDN
Customer: replied 1 year ago.


Thank you for clarifying. I wanted to make sure I was not misunderstanding the law.


 


Thank you for all the information you have provided!

Expert:  TexLaw replied 1 year ago.
No problem. Good luck with this. I hope it goes smoothly.

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TexLaw
TexLaw
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Lead trial/International commercial attorney licensed 11 yrs