Question is: I have 2 vehicles; one with 30K equity and one I am upside down on. Plaintiff's attorney has threatened a Sheriff's sale and I am concerned that I will lose the one with equity. I know I have one exemption for a vehicle -- but can I designate the one with no equity if the Sheriff shows up? And do the Sheriff's come into your home and look around? And if they do seize any property, if I file a Chapter 7 will that stop the sale and will the property return to me so it's included in the Chapter 7 filing?
Please include your contact info with the reply since I need to hire someone soon to protect my business as well.
Rather than going on a national general information website and asking for solicitations, you need to get on the internet and phone to find qualified lawyers in your area, make some calls, and set a couple appointments.
If you are married you may be able o exempt both, if not then yes, then can sell a vehicle with equity. You should consider a bankruptcy with judgment creditor on you as such. You can stay the collection and get 5 years to pay back.
A retained lawyer would be able to advise you what representations you may make to a peace officer.
A writ of execution is a court-granted warrant allowing a sheriff to conduct a search and seize non-exempt property only. If property is "liened-up," the sheriff most likely does not touch it. They are usually skilled at figuring out which property is ripe for seizure.
Under ordinary circumstances, filing a Chapter 7 will stop a sheriff's seizure and sale of property belonging to the filer. The automatic stay prevents practically all attempts to collect debts against the Debtor or his/her/its property.
My information is available by clicking on my name or picture.
This general opinion is for informational / public educational purposes only. It DOES NOT create an attorney-client relationship. No communication can ever replace the specific advice of a lawyer who you have hired to represent you. Each person's situation is different, and additional facts can change legal outcomes. You should consult privately with a lawyer if you have a question about a legal dispute.