Philadelphia, PA asked in Bankruptcy for Pennsylvania

Q: I called the sheriff about a writ of execution from a credit card debt. He said I did not have to worry about my stuff

My stuff being taken and that if they are not the correct bank accounts I'm ok

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3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: What is your question?

Lloyd M. Nolan
Lloyd M. Nolan
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Chesterfield, MO

A: Interesting! So the sheriff is now giving legal advice! Being licensed only in Missouri and Illinois, I cannot speak to Pennsylvania law. In Missouri, we have laws that exempt certain types of property, and sometimes certain amounts of value, from execution. However, a person still has to make a claim of exemption - in writing and filed with the Court that issued the execution - it is not automatic. I would assume (and this is only a guess) that there is a similar procedure in Pennsylvania. You should not just sit back and assume that things will be OK. I suggest that you immediately contact an attorney since there will be time limitations to exercise your rights.

W. J. Winterstein Jr.
W. J. Winterstein Jr.
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA
  • Licensed in Pennsylvania

A: Be careful about taking legal advice from anyone who is not an experienced, licensed member of the Bar of your state.

A garnishment writ issued to any bank in which you hold (demand or time) deposits, even with erroneous account numbers, may well freeze your accounts. Banks are cautious. If a bank ignores a writ, or fails to freeze your deposit balances, or fails to answer the usual interrogatories that accompany a garnishment, the bank will be liable for the full amount of the judgment against you.

A writ of attachment directed to your personal property covers all your property, even your car(s). You then have a short time to file an objection/claim of exemptions with the Sheriff. (In PA, you can claim your bank balances as exempt if you can show that the deposits are your wages). Google PA exempt property to see the categories of property which are exempt from executions by judgment creditors.

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