Sheriff is "commanded to satisfy judgment"

[cerannah]

What is the name of your state? MN

Short version. Discover card was awarded two seperate judgments against me
totalling around $19,000.

I sent documents from my two employers with statements of my earnings and
they were signed. Basically, I earn well below minumum wage earnings
(part-time jobs) and all of my income falls into the "exempt" since I am in
poverty level.

Today in my mail I received a copy of the papers they are sending to my
employers for them to fill out and return. (That's stressful - I know that
they can't garnish any of my wages but it is possible I may now be fired
from one job - the United States Postal Service - because when I was hired
they stated that anyone who is at financial risk may be a theft risk to them.)

The MOST stressful though - is the "Writ of Execution - Personal or Real
Property" that says:
"Therefore you are commanded to satisfy said judgement...out of the
personal property of the judgment debtor within your county; and if
sufficient personal property cannot be found, then out of the real property
in your county belonging to said debtor on the day when said judgement was
docketed in your county, or at any time thereafter...."

I own one car, a 1994 Ford Taurus wagon. Regular furniture (all of it older
than 12 years easy except my 6 year old bedroom set that is nice). I have a
20 year old t.v., some movies and dvds, and some inexpensive
stereo/entertainment electronics and a really slow older computer. Clothes,
some pretty dishes....all in all, excluding the car, my property is worth
less than $5,000. There is a washer and dryer here and a couple furnishings
that are not my own (I am staying at a house owned by my grandpa and it has
a washer and dryer).

I have about $50 in my savings and checking account, total.

HERE'S MY ?: What can they take? What will they take? What happens? Do they come to my door and search my house?

I am still saving money to file bankruptcy and cannot borrow from anyone. I
won't be able to file until the end of this month or beginning of the next. BTW - I am planning on using [url]www.bankruptcyfirst.com[/url] (Anyone have any experience with them?)

Should I hide my car???

Trying not to freak out,
Ceranna

[Ladynred]

Somewhere along this whole lawsuit judgment process you should have been been given instructions for filing your exemptions. You need to do so NOW, call the courthouse and find out what forms you need for claiming your exemptions. It is highly unlikely they can take ANYTHING from you.

These are you exemptions:

[url]http://www.revisor.leg.state.mn.us/stats/550/37.html[/url]

The exemption for your car:

Subd. 12a. Motor vehicles. One motor vehicle to the
extent of a value not exceeding $2,000; or one motor vehicle to
the extent of a value not exceeding $20,000 that has been
modified, at a cost of not less than $1,500, to accommodate the
physical disability making a disabled person eligible for a
certificate authorized by section 169.345.

A 10 yr old car should easily fit within the $2,000 exemption.

Value your personal property at GARAGE SALE prices. Used furniture isn't really worth all that much when it comes right down to it.

[cerannah]

If a sheriff should arrive at my house before I have had the chance to file my exemptions, (say he showed up tomorrow), do they just walk in and start taking things?

And if they should arrive and I am not home, must they wait until I am home to seize property?

I never was given instructions for filing exemptions. I did file an exemptions to wage garnishment letter (low income). But never saw anything else.

I am just hoping I can get my Bankruptcy filed before an officer shows up here.

-Cerannah

[Ladynred]

I doubt they can just walk on and take anything you ARE entitled to your exemptions and per MN law they cannot be waived. YOU select what is exempt within those limits, that is also specified in the statutes. Call the courthouse tomorrow, or better yet GO there and get whatever forms you need !