Levy On Personal Property From Landlord

[gypsyred]

Landlord sued my partner for "cleaning and repair" costs of his apartment after he was evicted for late rent. I was a witness to my partner vacating his apartment and saw what cleaning was done and still needed to be done. The late rent was paid and landlord kept partners security deposit and charged him an additional 1700.00 with "cleaning and repairs . A payment arrangement was agreed at first but then partner stopped making payments and now a judgement has been issued for $2100.00. If he does not have the 2100 by 30 days a LEVY will be placed on his belongings.
He does not own a car or property and has NO bank account or savings. He literally has clothes, books, a laptop (old one) and nothing of any value to these people. He lives with me in MY house that is in MY name. My question is: How will they be able to determine what stuff in MY house is his since the house is mine I am the one that owns everything. The notice says they have a right to enter the property on a certain date and start taking possession of his stuff.
Will they take MY stuff also?

Thanks anyone for your help!

[gypsyred]

My partner has a levy served against his personal property by is X landlord to the tune of 2,000.00.
The house we live in is in my name with 95% of the furnishings belonging to me as they were the result of marital property from my divorce. My partner only has clothes, books, bedding, and a computer and a TV. The computer is worth more than the levy as he left everything to his X wife in his divorce.
When they come in to take possession how will they know that most of the furniture belongs to ME and not him??
I do not want MY belongings taken but he does not have much for them to take.

Can someone please give some insight to this?
Thanks kindly

[Almosthome]

My partner has a levy served against his personal property by is X landlord to the tune of 2,000.00.
The house we live in is in my name with 95% of the furnishings belonging to me as they were the result of marital property from my divorce. My partner only has clothes, books, bedding, and a computer and a TV. The computer is worth more than the levy as he left everything to his X wife in his divorce.
When they come in to take possession how will they know that most of the furniture belongs to ME and not him??
I do not want MY belongings taken but he does not have much for them to take.

Can someone please give some insight to this?
Thanks kindly

I don't know what state you're in so the answer may not apply, but in Pennsylvania you would file a "property claim" type objection. By doing so the sheriff/creditor is on notice of your interests in the property and should not proceed or have a judge hear it. In Pa, I am pretty sure they have to provide one of these forms with the levy papers. This is why it is critical for people to read everything carefully.

[gypsyred]

Yes I am in PA, and looking over the papers there is not any kind of "property claim" along with the execution sale papers...How would I get these additional papers?

Thank you kindly

[Almosthome]

You should mention the county and the court.

I think the property claim form might be required by a local rule and maybe your county doesn't require it. It is provided for in this section of the code. I recall there being a 5 day rule (but could be wrong).

http://www.pacode.com/secure/data/23...000/s3121.html

If you are in magisterial justice court ("DJ") the rule is different.

http://www.pacode.com/secure/data/24...r400/s413.html

[gypsyred]

Reading over both of those I am not sure I understand any of it.
I have so many valuables I do not want taken mistakenly from the Sherrif.
Does it say he can file an exemption stating which property is not to be taken?

[Almosthome]

No - YOU have to file a PROPERTY CLAIM. The sheriff does not file an exemption - if anyone, the judgment debtor would but none of that applies to your situation. Read the bold sections of Rule 3121:

a) Execution shall be stayed as to all or any part of the property of the defendant.

(1) upon written direction of the plaintiff to the sheriff:

(2) upon the entry of bond with the prothonotary, by any person or party in interest, with security approved by the prothonotary, in the amount of plaintiff’s judgment, including probable interest and costs, or in such lesser amount as the court may direct, naming the Commonwealth of Pennsylvania as obligee, and conditioned to pay the amount due within ninety (90) days of the entry of bond, unless the time for payment be further extended by the court;

(3) pending disposition of a property claim filed by a third party;

You are that 3rd party and you better act quickly. I seem to recall your having to file a property claim w/in 5 days of levy (but I may be wrong). I am happy to provide legal advice to you but please don't make me pull it out of you. I could help you more if you tell me what court you are in.

[Almosthome]

Okay, I see from your other thread that you are in district justice court. If I were you I would simply call the court, ask for the civil clerk, reference the case number (CV-xxxx) and tell him/her you need to file a property claim under Rule 413 (2).

[Almosthome]

So what happened?Did you follow my advice? Did you try something else?

[gypsyred]

Sorry I lost my internet for a few days..
Thank you kindly for your suggestion and I will call them today.
Much appreciated!