Is it too late to file constitiutional exemptions? Or does the client have to file the exemptions and file some kind of motion with the court to stop the levy? This is a judgment in magistrate's court. The plaintiff has been pro se thus far. I live out of state and if legal documents have to be filed with the court, I will have to refer the client to someone else. This never happens to my clients - I don't let things get this far, but this client contacted me after judgment was entered. He is unemployed and I am trying to help without getting too involved as he can't pay and will not be able to do so. Item being sough in the levy is a painting which my client asserts is subject to a security interest as collateral for a prior loan.
I'm not sure where a valuable painting fits in to levy exemptions, especially regarding a debtor who has leveraged the property. So it sounds like the debtor has a judgment, the creditor wants the painting and the debtor doesn't want to give up the painting. Just as with any judgment/garnishment scenario, The debtor needs to either file a traverse and fight it out in court, or make a deal with the creditor and sign a consent judgment, or file for bankruptcy.
The information you're reading is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, or other communications should be taken as legal advice for any individual case or situation. Viewing the general information here does not constitute an attorney-client relationship. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.
The answer will probably depend on what state the judgment entered in. For example, in Utah the debtor would need to request a hearing within ten days and then convince the court at the hearing that the property is subject to a lien. The debtor should provide some sort of notice to the secured creditor as well--if they show up claiming a superior interest the court will doubtless find that more persuasive.
Providing this answer does not form an attorney-client relationship. Most legal questions are exceedingly fact-sensitive and therefore this answer is a best-guess based on the information you provide. You should consult an attorney licensed in your state to further discuss your matter.