Can a debt collector force the sale of our home and other property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a debt collector force the sale of our home and other property?
An execution judgment was filed against us and the paper said that our property would be seized and sold at public auction if the debt was not paid in 5 days. Is it true that in my state that there are exemptions so that our home and vehicles can not be sold?
Asked on July 11, 2012 under Bankruptcy Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Most states have laws precluding the sale of personal automobiles worth less than $8,000 or so to satisfy a judgment under its claim of exemption laws. Likewise, under each state's "homestead" laws one's pesonal residence up to a certain amount is exempt from a levy sale.
Given the circumstances that you are in, I suggest that you consult with an attorney that practices in the area of consumer law to go over the paper work that you have written about to see if the debt collector is simply trying to bully you or if the notice has any substance.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.