Can a creditor seize my exempt property with a writ of execution?

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Can a creditor seize my exempt property with a writ of execution?

If I have personal belongings that are listed as exempt ubder my state law, can they still be seized if a sheriff comes to my apartment to try and collect for judgement? how would I go about making sure none of my items are seized?

Asked on July 2, 2012 under Bankruptcy Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is entirely possible that your creditor under a writ of execution can levy upon items that are technically exempt from levy under the laws of your state.

In the event that such happens and in order to safeguard your interests, you would need to immediately file and serve a claim of exemption for such items with the court clerk. Once done, the court clerk would set up a hearing date for the claim and the court would make the decision whether such levied upon items are exempt or not.


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