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  1. #1
    Join Date
    Feb 2010
    Posts
    1

    Default Judgment Against Me - What Can They Take

    My question involves judgment recovery in the State of: Montana

    I will most likely have a judgment against me soon. I don't have many personal assets worth any money. My wife and adult son live in the home with me, they are not debtors. Can a sheriff take their personal belongings?

    Can the sheriff enter the home when nobody is there and take stuff, even if it doesn't belong to me?

    We have a car financed, negative equity but it is needed for wife to get to work. Also have older car worth approx $500. Should I file an exemption for the financed car or the old car. We need both but it makes no sense for them to take a car with no equity.

    If I am not home and the sheriff comes to the door to seize assets, is there anything they can tell him to keep him from taking their belongings?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,405

    Default Re: Judgment Against Me - What Can They Take

    How much do you owe? Any reason you haven't considered bankruptcy?

  3. #3
    Join Date
    Mar 2010
    Location
    Cleveland, Ohio
    Posts
    5

    Default Re: Judgment Against Me - What Can They Take

    Usually, creditors can attach wages, bank accounts, and personal property. To answer your questions, Montana is not a community property state, so the creditor can't take personal belongings from your wife or your son. Montana has several exemptions: Household items are exempted up to $650 each piece/$4,500 total, Motor vehicle to $2,500, and wages are 75% (If the creditor does a garnishment, they get 25%). Check out your local exemptions on Google.com

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