Levy Against My Property, But the Debt is Not Mine

[wing8lc]

My question involves judgment recovery in the State ofelaware


I rent a room to a woman who has a judgement against her. She is also a 65 year old friend with no other place to live. I was good enough to take her in. Yesterday, while I was not here, a constable came to my home and demanded that my tenant list my property as inventory for a levy. She repeatedly told him she did not own anything. He told her he would not leave without an inventory list of my properrty and that she would be arrested for contempt of court if she did not provide the inventory list. He also told her it didnt matter if it was not hers because all she would have to do is "file a motion". Out of fear and intimidation she allowed him to list "my property (furniture)".

So today- off I go to the court to file a motion to stop the sale of my property for a debt that is not mine.

My question- I can only prove ownership of 1 piece of furniture. The rest was purchased "used" many years ago. Will they sell my furniture?

next question- was the constable out of line?

another question- My tenant has several judgements. Can she, at any time, list my items for sale to settle her debts just because she lives here?

Where are my rights?

I've owned my home for 19 years. She has rented a room for about a year

[Mr. Knowitall]

My question- I can only prove ownership of 1 piece of furniture. The rest was purchased "used" many years ago. Will they sell my furniture?

We're not the judge. Be prepared to document ownership with whatever evidence you have. Surely you know people who can attest that you owned the furniture before this person moved in. If you were renting out a furnished room, you likely can produce records of your advertisements. Etc.

next question- was the constable out of line?

He was doing his job.

My tenant has several judgements. Can she, at any time, list my items for sale to settle her debts just because she lives here?

If her creditors seek to execute against her assets, the same thing can happen again.

Where are my rights?

In relation to... objecting that some of your property is listed on the inventory? You have the right to bring an appropriate motion before the court, which you are doing.

It sounds like your tenant should be consulting a bankruptcy lawyer. She may be able to get assistance through legal aid, or through an elder legal services program.

[wing8lc]

Do I have the legal right to not let a constable into my home. This is "my" home. I do not have a judgement. I merely rent a room to someone who has a judgement.

[Mr. Knowitall]

From where I'm sitting, I can't see the court order.

[wing8lc]

My motion to squash the levy "hearing" has been scheduled 3 weeks from now. can they sell my property before then? Are they required to wait for the hearing

[Mr. Knowitall]

You want to sell the furnishings your tenant uses in her room?

[wing8lc]

I don't want to sell anything- I thought a levy is when they have a right to send an auctioneer to the house and sell your items that are listed on the levy?

[cmre3456]

I agree with everything Mr. Knowitall said.

Do you have a written rental agreement stating that you are renting just one room? In Delaware, you don't need a written agreement unless it is for at least one year (a lease for a year or more.)

Link

Still, verbal agreements aren't a good idea and here's just one example. It would be helpful to show the court a written document stating that just one room is in the tenant's possession. If you don't have that, it's too late for the instant case.

I'm not sure why you'd have to prove that the personal possessions in the house are yours. You've lived there for 19 years and you've rented out just one room. My motion would certainly include that statement and also a statement that I own everything in the house (except maybe in that room depending on the truth) and a request that the creditor prove that the renter owns anything at all in my house.

My wife and I own our home and I wouldn't know where to start to find receipts for things we've owned all this time. My wife is a garage sale and Craigslist addict and has the most beautiful collection of upright antique glass display cases with a collection of antique dolls and crystal. It's extensive but I'll bet we don't have a receipt for a single thing. We have only pictures domiciled elsewhere for insurance purposes.

Mr. Knowitall is right. If the tenant would file for bankruptcy, that would stop all collection efforts including against household possessions.

[wing8lc]

That's the exact same situation I am in- I am a yardsale, flea market person- I only have (or can obtain) very little reciepts for my possessions. I do not have a written contract (but I guess I should get one now). My hearing is in 3 weeks. I thought I would take with me written statements from family that they could attest to my ownership of the property in my home. I'm also counting on the judge using common sense that if I've been here 19 years I certainly would have a housefull of furniture and possessions.

I took in this woman when she was homeless and have tried to help her. She is a good soul. Not a bad person at all- but lost everything she owned in 5 years.(and I mean everything) She stays depressed most of the time. I was aware of her judgements but never thought for a minute that I was putting myself in harms way by giving her a place to live. Still, I don't blame her, it's our screwed up system.

about the bankrupcy- she doesn't have $1200 to file or she would.

[wing8lc]

my motion to quash levy is scheduled, but now the plaintiff has filed a request for continuance. what is that all about? why would they do that?