I was a victim of an illegal levy. It is commonly known as a "window levy" which is property is included on the writ of execution that the constable has never seen nor touched, therefore the name "window levy." The judgment was not mine, I was only a tenant in the house of the owner who was the judgment debtor. The constable basically did this window levy out of spite as I would not allow him entry to my house.
I filed objections to the levy but due to the bias towards the plaintiff (which is another matter in itself) all my objections were denied and it took filing an appeal and being granted exemption from an arbitration court, almost 6 to 9 months later for a judgment that was not even mine.
Since I am not getting any type of satisfaction within court administration officers, I am going to sue this constable civily for the expenses I incurred to defend this levy of my property but since it is obvious and I can PROVE this was done out of spite, could I include a claim for intentional infliction of emotional distress? He clearly abused his authority.
I filed objections to the levy but due to the bias towards the plaintiff (which is another matter in itself) all my objections were denied and it took filing an appeal and being granted exemption from an arbitration court, almost 6 to 9 months later for a judgment that was not even mine.
Since I am not getting any type of satisfaction within court administration officers, I am going to sue this constable civily for the expenses I incurred to defend this levy of my property but since it is obvious and I can PROVE this was done out of spite, could I include a claim for intentional infliction of emotional distress? He clearly abused his authority.
