Court order to collect any items available in my home?

[adjusterjack]

Here's the fee schedule from the Dixie County Sheriff. Seems modest though storage and transportation could run into some money. No indication that a deposit from the creditor is required so you might want to call up and ask about that.

Dixie County Sheriff's Office

 

[Ohiogal]

Mimicking other Fl threads for debtors and creditors in the last two months with the language and such. Damn this is a long troll.

 

[allenpeter]

thanks adjusterjack but the creditor is financially very rich. Ohiogal, could you elaborate what you are saying? Please notice that English is my second language.
I request your response on my most recent posting (#30).

 

[allenpeter]

Ohiogal: now I got what you say. I am trolling on this forum, that is your allegation. Some of my friends posted in this forum on related matters. They helped me edit my postings, including this posting also (my knowledge in English is very poor. If I don't take help, no one can understand my English). Is there anything wrong in what I am doing? Did I violate any rules or policies of this forum “freeadvice”? If so, please help me and I will corerct myself. Or else, it is my belief that you are discouraging me from posting in this forum and go other forums for getting answers, thereby you are harming this forum with your statements "Damn this is a long troll."

 

[Ohiogal]

Ohiogal: now I got what you say. I am trolling on this forum, that is your allegation. Some of my friends posted in this forum on related matters. They helped me edit my postings, including this posting also (my knowledge in English is very poor. If I don't take help, no one can understand my English). Is there anything wrong in what I am doing? Did I violate any rules or policies of this forum “freeadvice”? If so, please help me and I will corerct myself. Or else, it is my belief that you are discouraging me from posting in this forum and go other forums for getting answers, thereby you are harming this forum with your statements "Damn this is a long troll."

I am not discouraging anyone from doing anything. I am posting my opinion on your postings. Harming this forum? Nope. Apparently your friends are debtors, collectors, and spouses of either one. And every one of them is questioning TBE.

 

[Zigner]

I'd like to point out that handing an inventory to the sheriff's respresentative when s/he arrives is likely going to be useless. It's not the sheriff's job to determine at the site what is or isn't exempt. That is the purpose of the subsequent process. It's kind of like trying to argue the legality of a traffic stop at the side of the road instead of arguing it, properly, in court. All you're going to do is piss off the cop.

 

[allenpeter]

Ohiogal, I respect your opinion. In my opinion, you are harming this forum. In my opinion, one should think 100 times before posting a question about "TBE and Florida" in this forum despite the fact that Florida is heaven for debtors and TBE property owners, and this forum promptly appears in many internet searchers for information on these matters. I wish this forum will keep that high position but I believe your comments certainly will not help in that direction.

Thanks Zigner, then I will not give an inventory to sheriff when he arrives at my home. You wrote “It's not the sheriff's job to determine at the site what is or isn't exempt. That is the purpose of the subsequent process.” However, if my wife and I inform the sheriff about TBE personal items (e.g., a sofa set) then do you think sheriff will levy that specific item (sofa set) unless sheriff is instructed to levy that specific item (sofa set) (like a car is specifically identified by its VIN number)? (because the writ specifically stated “command to levy on all assets, vehicles, goods, chattels, lands, and tenements of DEBTOR” i.e., debtor only).

I am making my old request again that I made in posting #30:

Florida Statute 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…”

Almost all the personal property is owned as TBE i.e., by "unity" between my and my wife (i.e., not owned by the debtor alone 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, if the TBE items are also levied by the sheriff? Of course, I can file inventory and affidavit for the levied personal items belong to me alone (such as car (which is on my name alone), my pants and shirts, etc).

 

[Zigner]

I can't predict what the sheriff will or won't do. At this point, you should seek out the advice of a local attorney.

 

[Ohiogal]

Ohiogal, I respect your opinion. In my opinion, you are harming this forum. In my opinion, one should think 100 times before posting a question about "TBE and Florida" in this forum despite the fact that Florida is heaven for debtors and TBE property owners, and this forum promptly appears in many internet searchers for information on these matters. I wish this forum will keep that high position but I believe your comments certainly will not help in that direction.

Thanks Zigner, then I will not give an inventory to sheriff when he arrives at my home. You wrote “It's not the sheriff's job to determine at the site what is or isn't exempt. That is the purpose of the subsequent process.” However, if my wife and I inform the sheriff about TBE personal items (e.g., a sofa set) then do you think sheriff will levy that specific item (sofa set) unless sheriff is instructed to levy that specific item (sofa set) (like a car is specifically identified by its VIN number)? (because the writ specifically stated “command to levy on all assets, vehicles, goods, chattels, lands, and tenements of DEBTOR” i.e., debtor only).

I am making my old request again that I made in posting #30:

Florida Statute 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…”

Almost all the personal property is owned as TBE i.e., by "unity" between my and my wife (i.e., not owned by the debtor alone 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, if the TBE items are also levied by the sheriff? Of course, I can file inventory and affidavit for the levied personal items belong to me alone (such as car (which is on my name alone), my pants and shirts, etc).

You missed the deadline. End of story. YOu are out of luck based upon the law.

 

[allenpeter]

Thanks Zigner (I am not doing now due to financial constraints)
Ohiogal, Could you explain which deadline I missed and based on what law you are referring to. As I posted in #30, please notice that the sheriff never showed up and never levy any property from my home.

 

[Zigner]

Thanks Zigner (I am not doing now due to financial constraints)
Ohiogal, Could you explain which deadline I missed and based on what law you are referring to. As I posted in #30, please notice that the sheriff never showed up and never levy any property from my home.

After your rudeness to Ohiogal, I find it surprising to think she would offer you anything else.

 

[STEPHAN]

We cannot file bankruptcy.

You can not?
Or you don't want to?

 

[allenpeter]

If and when the sheriff comes to my home to levy any personal property other than my van which is on my name alone, and other than my own pants and shirts, and few other items which belongs to me alone (except these two items, I have nothing else belong to me alone), I and my wife will inform him that the property is either TBE or belongs to my wife. If and when the sheriff levy any TBE items or the items belong to my wife alone, I and my wife will quickly file an inventory and affidavit describing those items and file a motion to the court to return those TBE items and the personal items of my wife alone (and will send a copy of that motion/affidavit to sheriff and to the creditor also), in the same way it is described for 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 although there is no process or timelines explained on how to handle the levied TBE items or the items belong to a non-judgment life partner of the debtor.



For personal property purely belongs to me (such as my van and my pants and shirts), I will quickly file a motion/affidavit as explained in 222.061(1) to release them as I have the right to keep up to $1000 worth of personal property (other than vehicle) and another $1000 for the vehicle.

This is what a friend told me. Please help me if you have any advice or else I will try my luck elsewhere.

(Stepahn: can not is true).

 

[quincy]

If and when the sheriff comes to my home to levy any personal property other than my van which is on my name alone, and other than my own pants and shirts, and few other items which belongs to me alone (except these two items, I have nothing else belong to me alone), I and my wife will inform him that the property is either TBE or belongs to my wife. If and when the sheriff levy any TBE items or the items belong to my wife alone, I and my wife will quickly file an inventory and affidavit describing those items and file a motion to the court to return those TBE items and the personal items of my wife alone (and will send a copy of that motion/affidavit to sheriff and to the creditor also), in the same way it is described for 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 although there is no process or timelines explained on how to handle the levied TBE items or the items belong to a non-judgment life partner of the debtor.



For personal property purely belongs to me (such as my van and my pants and shirts), I will quickly file a motion/affidavit as explained in 222.061(1) to release them as I have the right to keep up to $1000 worth of personal property (other than vehicle) and another $1000 for the vehicle.

This is what a friend told me. Please help me if you have any advice or else I will try my luck elsewhere.

(Stepahn: can not is true).

You delayed in submitting your inventory which was a mistake on your part. If/when the sheriff arrives at your home, all of your personal property is subject to seizure.

Will the sheriff seize clothes or pots and pans? Highly unlikely. But electronic equipment will be vulnerable as would be any “collectible” or other item that might have a high resale value.

You can review your current status with an attorney in your area. Trying to hide valuable assets could be a mistake.

 

[allenpeter]

You wrote: “You delayed in submitting your inventory which was a mistake on your part” but I did not find any rule like that. In fact, 222.061(7)) at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0222/Sections/0222.061.html states the opposite: “No inventory or schedule to exempt personal property from sale shall be accepted prior to a levy on the property.”