Can judge grant a creditor the right to come into my home and sell my household items?

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Can judge grant a creditor the right to come into my home and sell my household items?

They froze my checking account but they got only $56 because it is only used for the child support I receive for my only child. I don’t own my home it belongs to my mother. I have a 9 year old mini-van. I am unemployed, on food stamps and get Medicaid. I’m a full-time student and it is being paid by a Pell grant. By no means am I living like a queen and many of my things are not worth much. I just need to know could I lose my computer; I need it for school (not bought with the credit card). Under $3,000 debt. Need to answer interrogatories about my bank.

Asked on September 24, 2011 under Bankruptcy Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The creditor is NOT going to come to your home and sell your household items.

It would be advisable to file Chapter 7 bankruptcy.  There are exemptions you can include in the bankruptcy for household goods, automobile, etc.  Exemptions means you can protect the items from claims by creditors.  Chapter 7 is straight liquidation which eliminates debt.  It would be advisable to speak with a bankruptcy attorney.  If the creditor who is suing you obtains a judgment against you, filing bankruptcy will prevent the creditor from enforcing the judgment.


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