Page 138 - Judgment Enforce Course_Neat

Judgment Enforcement – The Step-by-Step Course

• $1,225 in any other property

These exemptions are always changing (going up, not down) so be sure to check them
out in your state. And you can see how important it is to check your individual State codes.
The sheriff will also have a full list of all exempt property for your state. (NOLO will also
help.)

But I’ve had occasion, when the JD was a particularly hurtful person, to go after
personal property when there was nothing else. One time it was a JD’s second
car – a nice Ford Expedition with TV and all. Another time it was the JD’s
precious (really) Elvis memorabilia and classic music items. I’ve already
mention one JE I know garnished a nice classic Corvette. I’ve already
mentioned that one JE garnished a buffalo.

But generally it’s expensive. In CA now it’s a $2600 deposit to garnish a car that the
sheriff will then tow off and put up at auctions. (If it’s the JD’s only car, then the JD gets
the exemption amount at the auction.) If it’s the JD’s work car, it’s probably not
garnishable.

How to do it:

Generally, it the same method as other garnishments.
✓ Fill out the writ

✓ And the costs form (where applicable)

✓ The court then stamps them after getting its fee
✓ Paperwork goes to the sheriff.

✓ You ID the property and its location

✓ Pay the sheriff his fees
✓ Sheriff goes out and takes it

✓ Sheriff puts it up for auction

Some states allow you to bid the amount of the judgment at the auction. For example, I

mentioned, above, the nice Ford Expedition I had garnished. I went to the auction and
credit bid part of the $35K judgment -$8,500, and had my friend drive it home. I then
washed it and sold it that weekend for $12,500. All I had to subtract from the judgment
was the $8,500.

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