Chattel levy--court order

[recycbride]

What is the name of your state? ohio Husband has a foreign judgment filed against his business and him personally from client-Keep receiving chattel levy delivered to residence which I only own--his name is not on deed--He owns nothing--This has been explained to the other parties time and time again--House is in my name only and all contents are from my previous marriage--Are their any steps I can take to stop this harrassment--I feel they are harrassing me since they already know this house does not belong to him, yet they continue to have these chattel levies delivered by the sheriff.

 

[VeronicaGia]

bump

 

[recycbride]

re:veronicaGia

I thought this forum was here to advise people and give them some insight and ideas--VeronicaGia I suggest you grow up--If you have nothing knowledgeable to contribute, don't bother to respond and waste other people's time--Your response of "bump" to 3 posts was that of a moron.

 

[Ladynred]

All Veronica was trying to do was to bump your post to keep it noticeable and hopefully get an answer.

Anyway, I don't know that I can answer your question on this one, but maybe if I stick my 2 cents in one of the other Sr. Members will contribute what I cannot.

Questions - How have you answered these chattel levies before ?

How have you notified the court that he has no assets and that everything is yours ?

How often are these things coming ?

The thing with a judgment is it hangs around for a lot of years. Just because your husband has no assets NOW, that doesn't mean he won't, at some point during the term of the judgment, acquire assets that CAN be levied. So, they keep sending the levies hoping he's come into some assets. However, there is a point where the constant service of these levies could constitute either harrassment and/or possibly abuse of process if they're being served too often. This can be stopped or at least limited by the court, but you'll have to file a complaint with the court to make that happen.

Obviously, there are exemptions from judgments just as in bankruptcy, so even if he acquired assets, they may not be able to take them.

 

[recycbride]

To Lady's questions-re: chattel levy

Sorry for my shortness with veronica--just a little wired right now--They were served 3 times last year between march thru june--Each time my husband responded as requested listing exemptions as required --explaining his only assets were his filing cabinets and his 30 year old desk and his clothes--explaining house was in my name and contents were mine from previous marriage--Now, as of last Friday, another chattel levy was delivered, so that makes 4 times in a year--each time he has to file the necessary paper work and incurr more expense with his attorney regarding this--I might add, all this could have been avoided had his attorney given him the correct advice BEFORE this foreign Judg. was issued--prior to the judgment his attorney told him not to respond to the problem because it was out of state and nothing would come of it--so, that's what my husband did and a default judg. was issued---I'm concerned that this will continue and someday I'll come home and find the front door of MY house pad-locked--and, I do feel that since they have been informed 4 times now that this house and contents are mine that this is nothing but harrassment--Is there any steps I myself can take to make this stop.

 

[Ladynred]

Well, 3 times in 4 months is a bit much, at least to me that seems excessive, especially if his situation and assets have not changed. They can do asset searches on their own, but sounds like they're resorting to having the sherriff and your husband do it for them by the repeated services and answers.

They can't touch your property, so you shouldn't worry about coming home to a padlocked house. However, they will likely continue having the levies served. I can see once or twice a year, but this does seem a bit much. You can certainly try to claim it as harrassment.

My suggestion would be that you see a lawyer and ask about how to get this stopped or at least have the frequency cut down. The creditor is being extremely aggressive with the frequent service of the levy notices and your having to refile the same exemptions repeatedly. Tell a lawyer you consider it harrassement and find out if he can run with that.

 

[recycbride]

To ladynred regarding advice

Thank you for your in-put--I am in the process of getting together all levy documents that have been received in the past year and faxing them to an attorney (definitely not the one my husband is using) to review--He said he will review them and compose letter to plaintif and plaintif's counsel regarding the frequency--prior to sending letter he will fax me copy to review. Now, the latest development is that my husband's attorney is telling him not to bother delivering the "request for hearing" form that came with the chattel levy--he's going to speak with plaintif's attorney first--It says right on the bottom of form in big bold letters "if you do not delilver this request for hearing or a request in a substantially similar form to the office of the ---------county clerk of court within 5 business days of your receipt of it, you waive your right to a hearing, and some or all of your property will be used to satisfy all or part of your debt to ------------". I told husband he best get this form down to the courts, I think his attorney is off his rocker!

 

[HomeGuru]

Re: re:veronicaGia

I thought this forum was here to advise people and give them some insight and ideas--VeronicaGia I suggest you grow up--If you have nothing knowledgeable to contribute, don't bother to respond and waste other people's time--Your response of "bump" to 3 posts was that of a moron.

**A: you need a few bumps and a few grinds also.

 

[recycbride]

homeguru

Is this some of your sarcasm or am I just reading that into your response---This is a help forum not a sarcasm forum--If I'm wrong, I apologize--If I'm correct, take a hike--

 

[Ladynred]

I would agree with you !! I'd get that Answer down to the court ASAP ! The attorney 'says' he's going to call the Plaintiff first, but if that takes more than the 5 days, you could be screwed ! Protect yourselves first, argue with the lawyer, if you have to, later.