Sheriff's Sale....due to Judgement

[myys]

What is a Sheriff's Sale?

What is the name of your state? New Jersey

I have a judgement against me which I'm unable to pay due to my being unemployed & in poverty. I answered their first attempt to obtain their money by requesting a hearing & getting the return of the funds taken from my bank acct.. The funds were exempt. Now they want to auction off my home furnishing wish are nile.

I live in housing & receive support of $150.00 a month from my daughter. My rent is $50.00. All that belong to me in the apartment are my clothes,a microwave, a futon, one tv, a desk,a 386 computer & family photos. Can they sell these items the refrigerator & stove belong to housing.

What & where do I file the forms showing that I am with funds or property? What can I do to stop this harassment?
I have informed them several times of my situation. I intend to answer within the 10 days given. What else can I do? Can they sell these items or are they exempt?

Thanking you in advance for your time,

 

[Ladynred]

Every state has exemptions for judgments just as in bankruptcy. If that is all the personal property you have, then you are WELL within the exemption limits of NJ so that they cannot take anything from you. You will, however, probably have to file some kind of exemption forms with the court to keep these things from being sold out from under you. Since you're in public housing, and the Sheriff in your town surely knows the housing, they can't take the fridge and stove as they do not belong to you.

You need to call the court and ask them what forms you need to file for exemptions of personal property for this judgment. I just hope its not too late. When is the sale ? Value your belonging using GARAGE SALE prices, do NOT use resale or replacement values. Sounds like your list will be pretty short.

 

[myys]

Execution Sale 10/01/02

Thank you for your informative response. The sale is scheduled for 10/01/02. At present I'm with my daughter in South Carolina. I will try to do this using the online forms but also will send mail certified return receipt & signature. I really can't afford to travel back to Jersey at this time. It doesn't state that I must be present. What I named is basically all that I own.

My rent is $50 because of my minimal income. Is there any way I can establish the fact that at this time I'm "Judgment Proof." I

Thanx

 

[Ladynred]

Judging from your post on what you own and your source of income, I'd say its pretty much a given that you're 'judgment proof' already. If you haven't already, I'd also send a statement of your income and expenses to the court along with the exemption forms and make sure you note the source of your income and the the type of housing you live in, that might help in proving if you have to.

 

[JETX]

Generally, New Jersey has the following exemptions:
- Goods and chattels, shares of stock or interests in any corporation and personal property of every kind, not exceeding in
value, exclusive of wearing apparel, $1,000.00, and
- all wearing apparel generally are reserved for a judgment debtor's family use before and after death, and are not subject to execution. (Sec. 2A:17-19.)
- Household goods and furniture not exceeding $1,000.00 in value of a person shall also be exempt from attachment, except for a debt incurred in the purchase thereof. (Sec. 2A:26-4.)
- disability benefits, sickness insurance policies, workers' compensation benefits, and retirement benefits are generally exempt from execution. (Sec. 17:18-12, 34:15-29, 43:21-15(c), 43:13-9, 37.5.)

Further, you need to understand the process of 'execution' and property seizure. To help, I have excerpted the following:
"Under a levy and execution, property of the judgment debtor is taken and either delivered to the judgment creditor or sold so that the proceeds of sale can be delivered to the judgment creditor. A judgment creditor should never take, or attempt to take, property of the judgment debtor. In New Jersey the person who is authorized by law to do the taking of the judgment debtor's property is a Court Officer or County Sheriff, and the authority of the Court Officer or County Sheriff to take such property is set forth in a Writ of Execution. If the judgment was issued by the County Special Civil Part Court, upon request of the judgment creditor, the Clerk of the Court will normally prepare a Writ of Execution and issue it to a Court Officer. The judgment creditor must advise the Court Officer what property is to be subjected to levy by the Writ of Execution. If the judgment was issued by the Superior Court, the judgment creditor or its attorney is normally responsible for preparing the Writ of Execution and sending it to the County Sheriff. The Sheriff must be given instructions about what property is to be subjected to a levy of the Writ of Execution. Property that is usually subjected to a levy of a Writ of Execution includes the following:
(1) Money in a bank account;
(2) Personal property owned by the judgment debtor that is in the judgment debtor's possession;
(3) Personal property owned by the judgment debtor that is in the possession of a third party;
(4) A vehicle or vessel owned by the judgment debtor;
(5) The judgment debtor's interest in personal property of a decedent's estate;
(6) Accounts receivable, commercial paper, instruments and negotiable documents of title owned by the judgment debtor.
(7) Real property that is owned by the judgment debtor. Real property, that is, land and the buildings and things that are attached to the land, may be subjected to a levy of a Writ of Execution. However, the law in New Jersey requires that, before any Writ of Execution is levied on a debtor's real property, all personal property of the judgment debtor must first be exhausted."

 

[myys]

Execution Sale

Thank you for the information. I'm preparing a statement which will list my exemptions & what furnishing are in my apartment.

I realize that this order is good for 2 years. So I will expect this to come up again until I've settled the matter one way or another.

Oh, I won't be able to be at the sale because I'm in another state at this time. It didn't state that I had to be present. My son will be there during the sale of whatever.

Thank you again,

 

[Ladynred]

If you get your exemptions to the court ASAP, there won't be ANYTHING they can sell !!

 

[myys]

Execution Sale

Thanx! I mailed a letter stating my exemptions certified with return receipt & priority mail.

Will they just take my word or search my apartment?

Thanx again for your input.

 

[Ladynred]

They won't search your apartment, you are legally entitled to the exemptions. Its not like you're living in a 20,000 sq ft home with a caddy in the driveway and a boat in the back yard You don't have anything they can make any money with in a sale anyway, so its pretty pointless on their part to even waste the money to send the Sheriff to your apt !!

 

[myys]

Execution Sale

Thanx! Now I'll hold my breath until the sale date passes. I'm out of state & my son watching my apartment until I return. He didn't know what to expect Oct. 1, 2002.

I appreciate your input!