My father was successfully sued and I live with him -- Help!

[RussellReal]

State: Pennsylvania

He is named aswell as his business, does that mean that everything will be taken from the upstairs apartment aswell as the business on the first floor?

The amount that he was sued for was $3100, he did not owe that money but thats not what I'm asking about (America is a great country). What I am concerned with, is that I live with him upstairs from the business and I'd like to know if my personal belongings will be levied along with everything else. The business downstairs has more than $3,100 in assets, the sherif that served the papers said that everything downstairs that is "moveable property" will be taken. I'd like to know if there are any ways to safeguard my personal belongings. I am not named on the papers as a defendant.

Is there any way to exempt my personal belongings from the levy? Any and all help is well, helpful.

- Russell

 

[quincy]

State: Pennsylvania

He is named aswell as his business, does that mean that everything will be taken from the upstairs apartment aswell as the business on the first floor?

The amount that he was sued for was $3100, he did not owe that money but thats not what I'm asking about (America is a great country). What I am concerned with, is that I live with him upstairs from the business and I'd like to know if my personal belongings will be levied along with everything else. The business downstairs has more than $3,100 in assets, the sherif that served the papers said that everything downstairs that is "moveable property" will be taken. I'd like to know if there are any ways to safeguard my personal belongings. I am not named on the papers as a defendant.

Is there any way to exempt my personal belongings from the levy? Any and all help is well, helpful.

- Russell

There is no reason why your personal belongings should be seized or attached simply because you live above a business that was sued (this as long as your father does not try to "hide" his own personal assets by handing them over to you for safekeeping).

 

[RussellReal]

There is no reason why your personal belongings should be seized or attached simply because you live above a business that was sued (this as long as your father does not try to "hide" his own personal assets by handing them over to you for safekeeping).

He is also named as a defendant though, and we both reside in the apartment above the business.

He shouldn't have been named as everything is in the business' name, however, thats not what happened. As it stands him and the business are both listed as defendants and both the business and him are at the same location, except we reside above the business.

Since all of my belongings are in the apartment above the business, will they seize my belongings aswell? If they do, do I have legal rights?

- Russell

 

[quincy]

He is also named as a defendant though, and we both reside in the apartment above the business.

He shouldn't have been named as everything is in the business' name, however, thats not what happened. As it stands him and the business are both listed as defendants and both the business and him are at the same location, except we reside above the business.

Since all of my belongings are in the apartment above the business, will they seize my belongings aswell? If they do, do I have legal rights?

- Russell

There is no reason why any of your personal belongings should be seized or attached if you were not a party to the suit.

Did I understand your first post correctly and the judgment was for $3100?

 

[RussellReal]

There is no reason why any of your personal belongings should be seized or attached if you were not a party to the suit.

Did I understand your first post correctly and the judgment was for $3100?

Yes, but how do I prove the stuff is mine? The sheriff literally came to the door 2 hours ago and said tomorrow they're coming to take everything, but the paperwork is dated august, is that legal? It was signed off by a judge 2 months ago and 3 days and we get this the day before?

I was not party to the suit, but I have no way to prove that the things I own, are mine directly. a couple devices have my name in them but not on them and I own no real records of purchase of some of the items because I've owned them for over 6 years. I'm really concerned because everything I own in this world is in my room and if I lose it I cannot continue to work in the field that I work, without first coming up with a large sum of money just to replace what is taken.

I can possibly prove that a couple of devices are mine, but to my understanding the sheriff's are not here to make judgement calls, they're here to do their job and thats what scares me. I do appreciate all of your help and I have nowhere else to turn for legal advice. Thanks a million guys and any further information will be extremely helpful!

- Russell

 

[eerelations]

1. They probably won't even look in your room. They will probably start with the business and if as you say, the business has more than $3100 in assets, they may not even get upstairs at all.

2. If they do get upstairs, show them your room and tell them that everything in there is your personal property. If the stuff in there looks like it would most likely belong to you (i.e., personal devices, clothes and bedroom furniture yes, photocopiers, multi-line landline phones and watercoolers no), then they probably won't take the stuff.

Why don't you take all of your personal belongings (well, maybe not all, you can probably leave behind your clothes, furniture and toiletries) to a friend's for a few days, until after the sheriff has left?

 

[Zigner]

Did they inventory the items today? From what I've read is that the sheriff will inventory the items and then you will be notified of an auction date. The sheriff will only seize the items if they feel the debtor may try to conceal or sell the items.

 

[RussellReal]

1. They probably won't even look in your room. They will probably start with the business and if as you say, the business has more than $3100 in assets, they may not even get upstairs at all.

2. If they do get upstairs, show them your room and tell them that everything in there is your personal property. If the stuff in there looks like it would most likely belong to you (i.e., personal devices, clothes and bedroom furniture yes, photocopiers, multi-line landline phones and watercoolers no), then they probably won't take the stuff.

Why don't you take all of your personal belongings (well, maybe not all, you can probably leave behind your clothes, furniture and toiletries) to a friend's for a few days, until after the sheriff has left?

Thank you!

So basically my tools, television, computer, laptop, cell phone, and clothes should be fine? Or are any of those eligible to not be exempt?

- Russell

 

[quincy]

Thank you!

So basically my tools, television, computer, laptop, cell phone, and clothes should be fine? Or are any of those eligible to not be exempt?

- Russell

The judgment was against your father and his business not against you. Personal items belonging to you cannot be used to satisfy the judgment.

What can be seized or attached to satisfy the judgment is limited to items owned by your father's business and, apparently because of the way your father structured his business, owned by your father.

Depending on what sort of business your father operated, it is entirely possible that the $3100 judgment can be satisfied through the sale of business assets so that no personal assets are touched at all.

You can contact an attorney in your area for a personal review if you feel that your items are for some reason at risk of being seized.

Good luck.

 

[RussellReal]

The judgment was against your father and his business not against you. Personal items belonging to you cannot be used to satisfy the judgment.

What can be seized or attached to satisfy the judgment is limited to items owned by your father's business and, apparently because of the way your father structured his business, owned by your father.

Depending on what sort of business your father operated, it is entirely possible that the $3100 judgment can be satisfied through the sale of business assets so that no personal assets are touched at all.

You can contact an attorney in your area for a personal review if you feel that your items are for some reason at risk of being seized.

Good luck.

His corporation is a C corp, closed corp, its supposed to be zero liability, however, somehow the company who sued him never served him papers or he was never directly served, he never got any papers or summons and then this sheriff came to the door saying that he owes $3100 and tomorrow they're gonna take whatever is moveable on the first floor, It was a bar/restaurant and the commercial kitchen is well worth over $10,000 USD.

So, this was a huge surprise. we knew that the tap system company wanted money, a while ago, however, we satisfied the debt by returning the products 3 years ago when the business closed down. The debt collection agency closed out the account and told us we were fine. Now out of the blue there is a judgement against him personally, even considering the tap system was used for business use and was signed for by him FOR his c corporation. He shouldn't be liable for the debt, he also shouldn't be liable for the debt because we satisfied the debt 3 years ago. We got no information about being sued, we just got a sheriff at the door today.

I understand the legal system works the way that it does, I don't understand how any of this is legal, we just want all of this to be over. We've been closed for 3 years and I honestly don't see us reopening, so if they took the kitchen, its not the biggest deal in the world. But I feel this is a complete injustice and this shouldn't be legal in the USA.

Many thanks for all of the help from everyone Thank you all so much.

- Russell

 

[RussellReal]

Did they inventory the items today? From what I've read is that the sheriff will inventory the items and then you will be notified of an auction date. The sheriff will only seize the items if they feel the debtor may try to conceal or sell the items.

No, there was no inventorying, we were just told that tomorrow they will be there to seize the items.

 

[quincy]

His corporation is a C corp, closed corp, its supposed to be zero liability, however, somehow the company who sued him never served him papers or he was never directly served, he never got any papers or summons and then this sheriff came to the door saying that he owes $3100 and tomorrow they're gonna take whatever is moveable on the first floor, It was a bar/restaurant and the commercial kitchen is well worth over $10,000 USD.

So, this was a huge surprise. we knew that the tap system company wanted money, a while ago, however, we satisfied the debt by returning the products 3 years ago when the business closed down. The debt collection agency closed out the account and told us we were fine. Now out of the blue there is a judgement against him personally, even considering the tap system was used for business use and was signed for by him FOR his c corporation. He shouldn't be liable for the debt, he also shouldn't be liable for the debt because we satisfied the debt 3 years ago. We got no information about being sued, we just got a sheriff at the door today.

I understand the legal system works the way that it does, I don't understand how any of this is legal, we just want all of this to be over. We've been closed for 3 years and I honestly don't see us reopening, so if they took the kitchen, its not the biggest deal in the world. But I feel this is a complete injustice and this shouldn't be legal in the USA.

Many thanks for all of the help from everyone Thank you all so much.

- Russell

You are using "we" a lot in your statements (e.g., "we satisfied the debt," "We go no information about being sued," "We've been closed for 3 years"). That is a bit worrisome.

Worrisome, too, is that you say your father was never served but there is a judgment against him and items are being seized.

I suggest you review facts with an attorney in your area. There is a lot that does not seem right with what you are describing.

 

[RussellReal]

You are using "we" a lot in your statements (e.g., "we satisfied the debt," "We go no information about being sued," "We've been closed for 3 years"). That is a bit worrisome.

Worrisome, too, is that you say your father was never served but there is a judgment against him and items are being seized.

I suggest you review facts with an attorney in your area. There is a lot that does not seem right with what you are describing.

I say 'we' because I look at us as a team, but it is 100% under his business' name and his name, I wasn't even on any corporate dockets. I never signed for anything, I'm just part of the family.

Yes, it is worrisome to me too, he honestly had no idea about the lawsuit. I can't really understand how this can happen, he was never officially served, he never received any paperwork in certified mail, nothing came to him for anything close to this company in regards to a lawsuit, the closest thing to knowing he owed this company money was a debt collector which called him 3 years ago, he arranged for the tap system to be collected and the debt collector closed out the account. The balance should have been satisfied.

I also say "we" because I worked at the bar when the bar was open. It was a family business, My sister and I both worked there, but my father was the entire board of the corporation. He was the treasurer, president, etc. I'm not 100% versed on corporate law, however, it was a closed corporation and he should have had zero liability regardless. Its all really weird, but the sheriffs come to the door today and said TOMORROW they will be there to collect the items. Thats hardly any time to correspond with a lawyer. Or file any kind of movements or whatever its called. He is just going to comply and allow the sheriffs to collect whatever it is they want to collect.

Is there anything they should do prior to the seizure? Should they have a warrant or anything special? What should he look forward to when dealing with the sheriffs tomorrow? Just so we can be prepared.

- Russell