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I have a judgment against me and I was wondering if, the creditor gets a writ of execution, does the sheriff show up with a list of stuff he is supposed to collect and do I get a chance to claim things exempt?

Submitted: 373 days and 13 hours ago.

Category: Legal

Value: $30

Status: AWAITING CUSTOMER ACTION

Union, Oregon

Posted by JD 1992 373 days and 12 hours ago.

Answer

The sheriff will show up with a general writ and then you will tell him what is exempt. If the creditor notifies you of the writ you will have a chance to file a list of exemptions with the court.

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373 days and 12 hours ago.

Reply

So, they dont have a list of what they are there to collect they will just take everything they want?

Posted by JD 1992 373 days and 12 hours ago.

Answer

Basically that's it. If they know of anything specifically they can list it but generally they don't know what you have.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.

373 days and 12 hours ago.

Reply

So, I would just tell the sheriff what is exempt and they cant take it? Do creditors wait until they wait and see if they get anything from a garnishment before going after personal stuff?

Answer

Usually so, unless they know you have something in particular. The best thing you could do is hire a lawyer to help you go over your exemption list and prepare it on his letterhead in case the sheriff shows up to execute. They are more likely to take your exemptions seriously that way.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.

Accepts:
Expert:	JD 1992
Pos. Feedback:	98.8 %
Answered:	11/14/2008

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Active attorney since 1992

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I have a judgment against me and I was wondering if, the creditor gets a writ of execution, does the sheriff show up with a list of stuff he is supposed to collect and do I get a chance to claim things exempt?

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Union, Oregon

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Reply

So, they dont have a list of what they are there to collect they will just take everything they want?

Answer

Reply

So, I would just tell the sheriff what is exempt and they cant take it? Do creditors wait until they wait and see if they get anything from a garnishment before going after personal stuff?

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