Greetings, I was previously inquiring about
I was previously inquiring about
enforcement of judgments, so to speak.
What could happen,
a raid perhaps.
I understand things "of value" may not be
exempt. (e.g. electronics?)
Would an entity be legally allowed to use a kind of force to appropriate kinds of property?
Would this violate the Fair Debt Collection Practices Act?
3 attorney answers
There is an ability of a local sheriff of Marshall with proper identification tube take into custody property to be sold to satisfy a judgment
Force I’d not used to carry out a levy. You have (apparently) no idea how due process works.
See, when you (through the sheriff) take someone’s property because they owe you money, you’re still carrying out the process of taking someone’s liberty or property and you can’t do that without due process of law. That’s the United States Constitution. That applies even if you’re just a creditor and there’s no taking without it.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
"I understand that things of value may not be exempt". You are wrong. Here is a link to determine what property is exempt under California law (and bankruptcy, if you file, has a similar set of exemptions) -
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts...