Can any items at the defendant’s address be seized by the sheriff to satisfy a debt?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can any items at the defendant’s address be seized by the sheriff to satisfy a debt?

I received a judgement in my favor in small claims court. The defendant has not yet paid so I filed a writ of execution for seizure of their property. The defendant lives with her parents. Is her parents’ property automatically exempt or can the sheriff seize anything in the home that was not designated exempt? The only items she claimed as exempt were her auto, clothes, and a fish tank.

Asked on June 13, 2012 under Bankruptcy Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, only the property of the defendant is potentially subject to seizure; you cannot have the property of third parties seized to satisfy the defendant's debt, whether they are located at her residence or not. Sometimes there may be a factual issue or question as to who owns what; but anything that is owned by another person cannnot be seized in this case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption