Many of my daily phone calls come on the heels of an individual receiving a Writ Of Execution. Here are some general questions I answer freely on those calls, and some guidelines to help you protect your property if you receive a writ of execution.
Does The Sheriff Just Show Up At My House?
Yes. But you’re not required to let the Sheriff into your home.
What If The Sheriff Comes When I’m Not Home?
The Sheriff is not allowed to enter and remove your property and belongings, without your permission.
Is The Sheriff Going To Take My Property?
Most writs of execution are for cars or boats or high dollar items. It would be very rare for the Sheriff to take your clothes or other smaller personal items.
Will They Take My Car?
One way to keep the Sheriff from taking your property is to show them there is little equity in it. Keep a copy of your most recent loan statement for the vehicle on hand, so you can show the Sheriff the loan balance, when compared to the blue book value of the vehicle, leaves nothing for a creditor to take interest in.
What If I Didn’t File The “Notice Of Right To Have Exemptions Designated?”
If you don’t file the notice of right to have exemptions designated within the 20 day period to file, you waive the exemptions. This doesn’t prevent you from claiming the same exemptions in bankruptcy, but you won’t be able to use the exemptions to protect property if the writ is executed.
Should I Transfer My Vehicle Or Boat Into The Name Of My Spouse?
While this may work in the short term, the lender/creditor will have a cause of action against you because this will be considered a fraudulent transaction for the purpose of avoiding creditors. Additionally, the transfer may limit your rights in bankruptcy if you choose to file bankruptcy soon after the transfer– exemptions don’t apply to property you don’t own (i.e. a vehicle no longer in your name).
What Are The Available Exemptions?
Here is a list of the exemptions you can claim.
I’m Still Confused. What Should I Do?
Call a bankruptcy attorney– bankruptcy attorneys are accustomed to answering questions like these on a daily basis. There’s no charge to have a phone conversation with me. I’m here to help. 704.749.7747.
Or, complete this very basic contact request and I’ll call or email you as soon as I receive it– you have options. Act quickly to protect your family’s assets.