Can a debt collector force the sale of our home and other property?

An execution judgment was filed against us and the paper said that our property would be seized and sold at public auction if the debt was not paid in 5 days. Is it true that in my state that there are exemptions so that our home and vehicles can not be sold?

Asked on July 11, 2012 under Bankruptcy Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most states have laws precluding the sale of personal automobiles worth less than $8,000 or so to satisfy a judgment under its claim of exemption laws. Likewise, under each state's "homestead" laws one's pesonal residence up to a certain amount is exempt from a levy sale.

Given the circumstances that you are in, I suggest that you consult with an attorney that practices in the area of consumer law to go over the paper work that you have written about to see if the debt collector is simply trying to bully you or if the notice has any substance.

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