Can a creditor enter your property without permission and is marital property exempted for execution of a judgment?

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Can a creditor enter your property without permission and is marital property exempted for execution of a judgment?

I have a $1200 judgement against me. The creditor is trying to enforce the judgement by executing a sheriff’s sale of my personal household property. However it is owned jointly by my wife and myself. The judgement is against me alone and my wife intends to object on the grounds that the property is jointly owned. When the constable came to my house last week I was smart enough not to invite him in and so the only property he could write down was located outside. Some of which is owned by my landlord who intends to file an objection as well. The constable is telling me that there is not much here and the creditor cannot enter the property in order to get more stuff to write down and he suggested I try to work something out with the creditor. So I called the individual who is suing me but he refuses to work it out. He told me that if the items are not worth it he will get a court order to enter the property and write down other stuff. What is the likelihood that a district judge would enter such an order? The constable says in his 14 years of experience he has never seen it done. Also, since we have no assets such as real estate or money in bank accounts is my wife entitled to file an objection to the household goods since it is legitimately co-owned by her? Finally is there anything that I can do on my own to handle this case since it is such a small amount?

Asked on May 4, 2011 under Bankruptcy Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You might be in a situation now herein where you should contact legal aid and see if that agency can  help you obtain the help to object.  If the court decides an accounting is needed, an order may issue though rare for a court  appointed neutral party to go onsite and take inventory.  Keep in mind joint assets are not safe from seizure if the creditor obtains a judgment and or the property has been pledged as collateral.  


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