IfI have a monetary judgement against me, can the collection agency send the Sheriff to my house to take my personal possessions as payment?

Asked on December 8, 2011 under Bankruptcy Law, South Dakota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Depending upon the amount of the judgment that you have against you and depending upon what possessions that you may own, there is the possibility that you could be subject to a turn over order where your possessions could be ordered to be given to the sheriff to be later sold at an auction to pay down the judgment against you.

You need to be aware that in every state there are exemption statutes precluding certain items from being taken by a judgment creditor against a judgment debtor to pay down a judgment. I suggest that you go online and research what may be exempt in your state. If you are served with a levy, you may need to file and serve a claim of exemption to prevent the item from being taken by the judgment creditor.

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