Q: Confused by "Notice of Execution to Judgement Debtor" letter
I have a judgement against me for a $4400 medical debt. My pay stub from 1 week ago confirms that almost $300 was garnished for my creditor. Today I received the Notice of Execution to Judgement Debtor. It says they may levy more than once during the writ and some items are exempt. It lists items by sections - A. Earnings, B.Personal Property, C. Motor Vehichle, D. Property required in Trade, E. Real Property Homestead Exemption. They're already garnishing my wages. Does this mean I should expect them to also come for my personal property and car? I don't own a single thing over the values they list ($600 for personal property, $1200 for car). Is there something I need to do to ensure they don't come for my one car that I use to get to work? Am I expected to do anything with this Notice of Execution? I have nothing of value, no savings, don't own a home, I consulted a bankruptcy attorney and don't qualify.
A: You should be prepared for them to try and get what you do have. If they seize anything that is exempt under the exemptions as set out in the Notice, you should immediately file an objection with the Court. Otherwise, it appears you are pretty judgment proof.
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A:
This notice is a formal document listing all the potential ways a creditor could collect on a judgment, but since they're already garnishing your wages, it's less likely they'll pursue other methods simultaneously.
Given that your personal property and vehicle are below the exemption limits ($600 and $1,200 respectively), these items should be protected from seizure. However, it would be wise to document the value of your car with recent sales listings of similar vehicles in your area, just in case you need to prove its value falls under the exemption limit.
While you're not required to take immediate action in response to this notice, you should keep it for your records. You might want to write a letter to the creditor (keeping a copy for yourself) listing your exempt property and stating that your wages are already being garnished - this creates a paper trail showing you're aware of your rights and puts them on notice that your remaining property is exempt from seizure. If you're concerned about protecting specific items, you can also file a claim of exemption with the court, though this isn't always necessary if the items are clearly under the exemption limits.
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