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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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in the state of new mexico i was sued by an business out of

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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?
Who did the vehicle belong to?

Customer: replied 4 years ago.

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

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,
Customer: replied 4 years 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.

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 4 years 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?

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 4 years 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

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 and other Legal Specialists are ready to help you
Customer: replied 4 years ago.

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

Customer: replied 4 years 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?


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

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