If I have personal property that I know is exempt from seizure, how can I protect it?

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If I have personal property that I know is exempt from seizure, how can I protect it?

reading through my state’s laws on property exemptions, i added up the total value of my property and found that most of my things are smaller things and the more expensive items fit under exemptions. would they be automatically exempt if a sheriff comes or is there some kind of paper work I need to file? I just want to double check on what to do.

Asked on June 30, 2012 under Bankruptcy Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming you owe a judgment where the judgment creditor will try to levy on your assets for partial or full satisfaction of it and assuming that some of your personal belongings are levied upon that would be exempt from levy, you need to do the following:

1. file and serve a "claim of exemption" as to the levied items in a timely manner;

2. the court clerk will then set a hearing date for the claim of exemption and rule upon your motion as to being exempt or not from levy.


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