My Husband defaulted on a loan and now there is a judgement, can creditors auction my things?
My husband took out a loan, I did not know about, he said it was a business loan that he personally secured. He defaulted on the loan and got a judgement against him. The froze our joint account, and we got a notice of sheriff's sale of our household things. In PA can they legally take all the money from the joint account, and can they auction off my things?
No. You need to get counsel and file a property claim based upon an exemption. The exemption is based in PA common and statutory law called tenancy by the entireties. Joint household property and joint accounts owned by husband and wife and used for household purposes are exempted and not attachable. Every decent lawyer knows this. So do the banks. You can file an exemption/property claim with the sheriff and they will schedule a hearing. You really need to speak with a local attorney though to protect your rights. Was the attaching creditor names Pressler? It sounds like a tactic they use. You can repost the name of the creditor's attorney, it would help other people.
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