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what can I seize?

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smithj0891

Junior Member
What is the name of your state? Iowa

Just wondering once I win a small claims case what all can I seize? I know I can fill out a garnishment for wages and bank accounts but can I ask the sheriff to seize anything else? I was thinking if I can get the sheriff to seize cars or jewlery or something it would help me get paid faster?
 


JETX

Senior Member
Just wondering once I win a small claims case what all can I seize? I know I can fill out a garnishment for wages and bank accounts but can I ask the sheriff to seize anything else? I was thinking if I can get the sheriff to seize cars or jewlery or something it would help me get paid faster?
It isn't what you can seize... but what you cannot seize.

State laws are pretty clear on what is exempt from judgment seizure. In Iowa:
Iowa Post-Judgment Asset Exemptions

Homestead: Real property with unlimited value. Property cannot exceed 1/2-acre in town or city, 40 acres elsewhere.

Pensions and Retirement Benefits: Funds exempted for firefighters, police and public employees. Payments being received from other pensions exempt if needed for support. Roth IRAs and regular IRAs up to $1,095,000 per person.

Insurance: Life insurance acquired within two years of bankruptcy filing, up to $10,000 if paid to spouse, child or other dependent. Accident, disability, health, illness or life proceeds to $15,000, if paid to spouse, child or other dependent. Employee group insurance. Fraternal society benefits.

Personal Property: Furnishings and household goods up to $7,000. Books, pictures and paintings to $1,000. Burial plot up to one acre. Clothing up to $1,000. Motor vehicle and musical instruments up to $7,000. Wedding or engagement rings received prior to marriage.

Tools of Trade: Farming equipment, livestock and feed up to $10,000. Non-farming equipment (not including car) up to $10,000.

Miscellaneous: Alimony. Child support needed for support. Liquor licenses. Business partnership property.

Wages: Exempt according to the following table:
Annual Earnings All Wages Exempt, Except
$12,000 - $15,999 $400
$16,000 - $23,999 $800
$24,000 - $34,999 $1,000
$35,000 - $49,999 $2,000
+$50,000 10% of wages

Also, the federal exemption standard applies

Public Benefits: Workers' compensation. Unemployment compensation. AFDC. Local public assistance. Veteran's benefits. Adopted child assistance. Social Security.

Wild Card: $100 of any personal property.
 

dcatz

Senior Member
You also have to figure out the costs of implementing this plan. If you were to focus on something that is not on JETX’s list or which has a value sufficiently in excess of the exemption, it must be seized, transported (probably to a bonded warehouse) and stored until sale. A surety bond may be required. Those are your costs.

So are the costs of publicizing and conducting the sale and those costs are paid in advance. If you get paid in advance of the sale and it doesn’t happen, you get a refund of any unexpended advance, but what was necessarily already expended must be added to the judgment and collected as well. Your SC judgment must be big enough and your prospects for recovery good enough to justify that. Are they? Do you know?
 

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