Can a debt collector take a roommates stuff?

[lake]

What is the name of your state? New York

I live in NYC & I share an apartment with someone who owes a credit card company (less than $2000).
She showed me a letter she received. A "marshal's notice of execution" letter stating that :

"To the judgement debtor: An execution against personal property has been issued to me(her) as a result of a judgment entered against you in the above referenced matter. The issuance of an execution against personal property to a city marshal creates a lien on all personal property except the 'exempt' property set forth in section 5205 of the civil practice law & rules.This 'exempt' property may consist of household furniture,one radio & one television,clothing,one refrigerator,work tools, & other basic household furnishings.All personal property not 'exempt' may be levied upon & sold at public auction."
..."If you cannot pay this amount amount at this time,please contact this office as other arrangements may be made to assist you.Make check or money order payable to...".

*This letter has no deadline in it.You know, like "you have 30 days to pay debt or hand over non exempt stuff".*

I was wondering:

1-Can the marshal/repomen/debt collector/whoever they're going to send take MY stuff? How am I supposed to prove that MY stuff ISN'T hers? I don't have reciepts for them.

2-Can I just say that some of her stuff is mine so she does'nt have to give them all her "non exempt" stuff?She definitly can't afford to pay back the near $2000.
I'd hate to see her have to give all her non exempt stuff.She told me she has all the stuff she bought w/ the credit card & would give it back to them but I'm assuming that will not be enough for the collector.They want the money or an auction.

Also on the letter they misspelled one letter in her name (ex:"Tima",instead of Tina).
When/if ( i say if because I'm sort of under the impression the marshal/whoever maybe won't come because they say to contact them if she can't pay.So maybe the decision's not final.) "they" come can she just say "Hey,that's not my name.I'm not giving you anything.Leave me alone."What is the name of your state?

[Ladynred]

1 - They cannot take anything that is not HER property. You need to draw up an inventory of all of YOUR stuff and she needs to do the same so she can claim her exemptions. If you hace anyone you know who can vouch for what's hers and what's yours, get that person to sign a statement that says as much. It may not be necessary, but it couldn't hurt.

This is exactly what the NY Statute says:

§ 5205. Personal property exempt from application to the satisfaction
of money judgments. (a) Exemption for personal property. The following
personal property when owned by any person is exempt from application to
the satisfaction of a money judgment except where the judgment is for
the purchase price of the exempt property or was recovered by a
domestic, laboring person or mechanic for work performed by that person
in such capacity:
1. all stoves kept for use in the judgment debtor's dwelling house and
necessary fuel therefor for sixty days; one sewing machine with its
appurtenances;
2. the family bible, family pictures, and school books used by the
judgment debtor or in the family; and other books, not exceeding fifty
dollars in value, kept and used as part of the family or judgment
debtor's library;
3. a seat or pew occupied by the judgment debtor or the family in a
place of public worship;
4. domestic animals with the necessary food for those animals for
sixty days, provided that the total value of such animals and food does
not exceed four hundred fifty dollars; all necessary food actually
provided for the use of the judgment debtor or his family for sixty
days;
5. all wearing apparel, household furniture, one mechanical, gas or
electric refrigerator, one radio receiver, one television set, crockery,
tableware and cooking utensils necessary for the judgment debtor and the
family;
6. a wedding ring; a watch not exceeding thirty-five dollars in value;
and
7. necessary working tools and implements, including those of a
mechanic, farm machinery, team, professional instruments, furniture and
library, not exceeding six hundred dollars in value, together with the
necessary food for the team for sixty days, provided, however, that the
articles specified in this paragraph are necessary to the carrying on of
the judgment debtor's profession or calling.

Does she really have THAT much non-exempt property ??

2 - Claiming her stuff as yours would not be a good idea. If you cannot possibly PROVE it's yours, it's not worth the risk.

What she needs to do is CLAIM her exemptions and then she needs to negotiate with the judgment creditor to make SOME kind of payment arrangement. They will NOT give up, they will keep trying this. If she has a bank account, they will sieze it and drain it. If she works, they will garnish her wages. Judgments in NY are good for TWENTY YEARS - it's not going away !