Court order to collect any items available in my home?

[allenpeter]

Your response gave me a lot of relief. The questions remaining (and which I have been asking) are:
(i). if sheriff comes for levy, if I an my wife inform him that the personal properties are TBE then, sheriff will /can levy those TBE personal items?
(ii). if sheriff levied those items and take them away, what I need to do to get those TBE personal properties back?
I read 222.061 and 30.30 but I am unable to grasp what I need to do. I beg for advice.

 

[adjusterjack]

(i). if sheriff comes for levy, if I an my wife inform him that the personal properties are TBE then, sheriff will /can levy those TBE personal items?
(ii). if sheriff levied those items and take them away, what I need to do to get those TBE personal properties back?
I read 222.061 and 30.30 but I am unable to grasp what I need to do. I beg for advice.

I don't know the answers to those questions so I suggest you get your inventory and affidavit to the courthouse ASAP. And when you do, bring extra copies and have them date stamped by the clerk so if the sheriff comes you can hand him a copy that shows that you filed it. I would also suggest sending a copy to your creditor.

What is the dollar amount of the judgment?

And who is your creditor? Not a name. Is it a person? A business? How did the debt come about?

The reason I ask is that there is a possibility that you might never get a visit from the sheriff once your creditor finds out how much this is going to cost him up front to get this done. Here are the websites of three sheriff departments in Florida that outline the requirements for a Writ of Execution against vehicles and personal property. Each department requires large cash deposits up front to cover fees and the costs of levying and selling the property. Those deposits could amount to thousands of dollars.

Civil Support (manateesheriff.com)

Writ of Execution / Levy | Collier County, FL Sheriff (colliersheriff.org)

Civil Process Information (ccso.org)

You can go to your own sheriff's website for similar information.

It's easy to have the court issue the writ. Your creditor may have done that without understanding how much money he'll have to put up. Once he finds out he may just give up the idea of following through with it, especially after seeing your inventory and affidavit.

 

[allenpeter]

adjusterjack, if you overlooked (I know it is virtually impossible for you to read or memorize each and every small rule from different states in the US),  222.061(7) is “No inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property.” However, if you still advice me to get my inventory and affidavit to the courthouse ASAP then I will do. Also, FYI, there are 100s of items related to cooking, eating, sitting, sleeping, etc. in my house (starting from a table spoon, a plastic tin to store some lentils, and a pillow) which I and my wife purchased over 10s of years of our marriage, and their value all together may not be more than $5000 -$6000 (five to six thousand).

Judgment is for $60,000 +/-. I am retired and have health issues, and except for trying to get this TBE personal property located in my home, there is nothing the creditor can get from me. However, I do not want a sheriff enter my home taking away the items despite me and my wife produce an affidavit (or whatever he wants or whatever you or anyone in this forum advice) to prove the TBE nature of the personal items. The creditor is a person, not a business and he is very rich (may be in millions, and money is not an issue for the creditor). The net worth of me and my wife together (excluding this judgment) is no more than $125K. The creditor did not ask for Fact Information Sheet (financial disclosure form) or conduct any debtor exam but received this writ of execution. I suspect he will give me a surprise one day and I am getting ready for that from now onwards. Fort him, this is like a game.

 

[LdiJ]

adjusterjack, if you overlooked (I know it is virtually impossible for you to read or memorize each and every small rule from different states in the US),  222.061(7) is “No inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property.” However, if you still advice me to get my inventory and affidavit to the courthouse ASAP then I will do. Also, FYI, there are 100s of items related to cooking, eating, sitting, sleeping, etc. in my house (starting from a table spoon, a plastic tin to store some lentils, and a pillow) which I and my wife purchased over 10s of years of our marriage, and their value all together may not be more than $5000 -$6000 (five to six thousand).

Judgment is for $60,000 +/-. I am retired and have health issues, and except for trying to get this TBE personal property located in my home, there is nothing the creditor can get from me. However, I do not want a sheriff enter my home taking away the items despite me and my wife produce an affidavit (or whatever he wants or whatever you or anyone in this forum advice) to prove the TBE nature of the personal items. The creditor is a person, not a business and he is very rich (may be in millions, and money is not an issue for the creditor). The net worth of me and my wife together (excluding this judgment) is no more than $125K. The creditor did not ask for Fact Information Sheet (financial disclosure form) or conduct any debtor exam but received this writ of execution. I suspect he will give me a surprise one day and I am getting ready for that from now onwards. Fort him, this is like a game.

If you truly believe that the creditor would be spiteful enough to try to grab that kind of property even though it might cost him more to do it than he gained, then I would recommend removing from the home anything that has real sentimental value or real monetary value. You could store those items temporarily at a friend or family member's home.

 

[allenpeter]

The writ of execution was entered around 4 months ago. No sheriff came until now. The creditor may initiate the levy process tomorrow, or after a week or a month or a year or more from now, and it is very difficult to predict. Hence, sadly, keeping many items in a friend’s or another family member’s home is not feasible although we can keep non-essential items like that.


222.061 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.061.html
“(1) When a levy is made by writ of execution, writ of attachment, or writ of garnishment upon personal property which is allowed by law or by the State Constitution to be exempt from levy and sale, the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. The inventory shall show the fair market valuation of the property listed and shall have an affidavit attached certifying that the inventory contains a correct list of all personal property owned by the debtor in this state and that the value shown is the fair market value of the property. The debtor shall designate the property listed in the schedule which he or she claims to be exempt from levy and sale.

(2) The original inventory and affidavit shall be filed with the court which issued the writ. The debtor, by mail or hand delivery, shall promptly serve one copy on the judgment creditor and furnish one copy to the sheriff who executed the writ. If the creditor desires to object to the inventory, ..."




From above quote, it appears I can only claim the personal property owned by me which is within $1000 limit that the FL statutes permit me to keep. It appears I cannot claim exception on the personal property owned as TBE. Could someone clarify this? If I can claim exception on the personal property owned as TBE also, then it solves my issue.

 

[quincy]

You did nothing about the writ of execution four months ago?

 

[Ohiogal]

Should we refer back to other Florida TBE and links.. every two weeks like clockwork.

 

[allenpeter]

Sadly, yes. I did not do anything for the last 4 months. I was hoping that, since all my personal property in my home is TBE (except the van- $500, which is on my name alone), I was assuming that the creditor or sheriff cannot take away that TBE property from my home.

Recently, I was just browsing internet and read some articles posted by a Florida attorney (which seems conflicting with each other) about this matter, and then quickly posted my questions in this forum.

Any help on how to claim my TBE personal property located in my home is highly regarded.

 

[quincy]

... the debtor may claim such personal property to be exempt from sale by making, within 15 days after the date of the levy, an inventory of his or her personal property. The inventory shall show the fair market valuation of the property listed and shall have an affidavit attached certifying that the inventory contains a correct list of all personal property owned by the debtor in this state and that the value shown is the fair market value of the property. The debtor shall designate the property listed in the schedule which he or she claims to be exempt from levy and sale.

(2) The original inventory and affidavit shall be filed with the court which issued the writ. The debtor, by mail or hand delivery, shall promptly serve one copy on the judgment creditor and furnish one copy to the sheriff who executed the writ. If the creditor desires to object to the inventory, ..."

Please read what is quoted above. You cannot just hand a list of your exempt property to the sheriff when s/he appears.

 

[adjusterjack]

You cannot just hand a list of your exempt property to the sheriff when s/he appears.

Sure, he can. He may have health problems but I'm sure he is at least physically capable of handing pieces of paper to another person. It might not do any good but a list of hundreds of household at yard sale prices (pennies on the dollar) all marked each marked TBE might just be daunting enough for the sheriff and the creditor to give up on the idea.

This is a strategy issue now. The legal stuff is done and that die is cast. Now it's just a matter of putting up barriers to the actual levy of property.

Judgment is for $60,000 +/-.

For what?

No sheriff came until now.

What does that mean? That the sheriff already showed up? And did what? Just hand you the papers? If that's all, it might have taken 4 months because serving court papers is very low priority.

What county are you located in?

 

[quincy]

Sure, he can. He may have health problems but I'm sure he is at least physically capable of handing pieces of paper to another person. It might not do any good but a list of hundreds of household at yard sale prices (pennies on the dollar) all marked each marked TBE might just be daunting enough for the sheriff and the creditor to give up on the idea.

This is a strategy issue now. The legal stuff is done and that die is cast. Now it's just a matter of putting up barriers to the actual levy of property.



What does that mean? That the sheriff already showed up? And did what? Just hand you the papers? If that's all, it might have taken 4 months because serving court papers is very low priority.

What county are you located in?

Oh please don’t start on the meaning of “can.”

 

[adjusterjack]

Oh please don’t start on the meaning of “can.”

I was commenting on strategy not semantics.

 

[quincy]

I was commenting on strategy not semantics.

Okay. I guess I’ll buy that.

 

[doucar]

One idea. Send a copy of your exempt asset list to his attorney. He may not want to waste his time or his client's money having the sheriff execute the writ.

 

[allenpeter]

I will send the list of exempt items to creditor's attorney in the next few days; and to the sheriff when he/she show up at my home for levy. The judgment is for failing to pay the lease for his land where I was doing agriculture. He waited for years and finally, went to court and won the case along with the interest for that rent I could not pay. The sheriff never shown up until now. I am in Dixie County in Florida.

To comply with the requirements stated in 222.061 (1) and (2) http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.061.html, within 15 days AFTER (please help correcting me) the sheriff levy any of my personal property, I will produce an inventory of my personal property and its value and produce an affidavit certifying that the inventory contains a correct list of all my personal property and that the value shown is the fair market value of the property. I will list almost the property (which is TBE with my wife) as TBE except from levy and sale. In that inventory, I will also list the van (which is titled on my name alone) and specify the exemption because one vehicle below $1000 value is exempt from creditors in Florida. I will file this inventory and affidavit with the court (attached to a motion to release the personal property from levy and sale) and quickly deliver a copy of the same to creditor and sheriff. Then I will wait and see what the creditor will do, and what the court will decide, as specified in Paragraphs (2)-(6) of  222.061. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.061.html

Please help correct me if I am deviating from the process in 222.061 (1) and (2) .


One thing that is still unclear to me is that 222.061 (1) http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.061.html contains “...the inventory shall show the fair market valuation of the property listed and shall have an affidavit attached certifying that the inventory contains a correct list of all personal property owned by the debtor in this state…”

However, almost all the personal property is owned as TBE between me and my wife (i.e., not owned by the debtor as required in 222.061 (1), please see the highlighted portion above). Despite this, can I file the inventory and affidavit (for the TBE items also) as I explained above?