I received a writ of execution for a judgement against me. I don't have money in the bank. Can they take my personal property.

Asked about 3 years ago - Philadelphia, PA

This judgement is for an unpaid credit card debt.

Attorney answers (3)

  1. Sean Patrick Mays

    Contributor Level 8

    Answered . As a general rule, in Pennsylvania a judgment creditor can issue a writ of execution directing a constable or sheriff to sell your personal property at auction. When the writ is served, the Officer serving the writ will likely conduct a levy of your personal property and, once levied, it may be unlawful to dispose of or remove of this property prior to the sale. Make sure you carefully review all of the paperwork that accompanies the writ.

    In Pennsylvania, there are certain statutory exemptions for various categories or types of property. A summary of these exceptions should be served along with the Writ. There should be also documentation with instructions on how to file a claim for exemption. Be aware, there are time limits for asserting your rights.

    You may have other rights regarding your specific circumstances, and you may consider consulting a attorney. There may be options, such as protections under federal bankruptcy laws that might be appropriate for your circumstances. An attorney may be able to help you determine the best course of action for your specific circumstances to deal with the judgment.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . A judgment creditor can take anything you own unless it is protected by the exemption laws in your state. I am posting a link to this information so you can review it for yourself.

    Hope this perspective helps!

  3. Michael J Corbin

    Contributor Level 20

    Answered . Generally, no. If they don't have a security interest in the property, then they typically cannot take it. Plus, the logistics of doing something like that far outweigh the potential recovery. They are looking for cash, payroll, or bank accounts, not your television. They might, potentially, be interested in something like a car IF there is no lien, it's valuable, and they can get at it (legally).

    This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be... more

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