Can a debt collector legally come into my home to collect items from someone who doesn’t live there anymore?
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Can a debt collector legally come into my home to collect items from someone who doesn’t live there anymore?
My son (25) was living at my house. I had him legally evicted through the courts. If a company wins a judgment against him with the right to legally collect an item he defaulted on do I have to let them in my house (when they show up with the police for an official collections with paper)? He has been legally evicted from my house for over 6 months now and this is not his legal residence. But he did leave things behind. I don’t know which of those he owes on. But I don’t want people coming into my house to even search for items. I know people may come to collect because I still get his mail.
Asked on March 11, 2012 under Bankruptcy Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless the order issued by the court for a turn over of your son's personal property with respect to a judgment against him specifically states that you are required to let the judgment creditor and sheriff onto your property to retrieve such items, you are not obligated to allow any such entrance.
Usually there would be a third party turn over writ with respect to the judgment against your son served upon you to turn over items. From what you have written, I doubt that this will happen since he no longer lives with you.
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