Can sheriff's sale be stopped before

[KhakiCampbell]

1. You don't that that he hasn't filed. You know that you have not found the filing. (Those are two very different things and the difference is very important). There are a number of questions: Are you searching the correct court? Are you using the correct spelling? The correct name? I don't like absolute statements from novices because there are too many potential points of error.

2. If he filed bankruptcy, yes, you are vulnerable to a big hit.

3. When he files bankruptcy, the bankruptcy court will notify all the creditors listed in the matrix. If he fails to list a creditor, they won't be notified unless they check. Ultimately, in many cases, a creditor that isn't notified will not make a deal out of it because there are no assets to get. That being said, if he failed to notify you or list the asset and he filed bankruptcy, you both have a problem if the sale goes through.

Be sure you are right.

DC

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Edit to add:
You really should visit with an attorney. You mentioned payments. We don't know the basis of this sale, but it seems sufficiently complicated for the internet. You need to make sure you have a right to seize his property and sell it. Being wrong could get very expensive if he gets an attorney.

I am positive that he has not filed. I used the correct name and spelling and I did search the correct court.... in fact, I searched all of them. I'm confident that my research was thorough and complete. I did not seize his property - he is still in possession of his vehicle.

 

[TigerD]

I am positive that he has not filed. I used the correct name and spelling and I did search the correct court.... in fact, I searched all of them. I'm confident that my research was thorough and complete. I did not seize his property - he is still in possession of his vehicle.

Good luck.

DC

 

[KhakiCampbell]

Update

I called his bluff and instructed the constable to continue with the sale. Twelve hours before the sale was to be held I received an email from the defendant begging me to stay the sale with a promise of on-time payments. I spoke with the constable who assured me that if the defendant defaulted on the payment plan and I lifted the stay, he would schedule the sale within 7 days of my request. Long story short - the defendant was trying to intimidate me. No bankruptcy was filed and his payments continue to come in on-time each week so far!

Thank you everyone for your advice and direction on this matter.