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Re: not sure this is a real post but....


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Posted by Drew (24.59.27.46) on June 29, 2004 at 16:02:34:

In Reply to: Re: not sure this is a real post but.... posted by BOB on June 29, 2004 at 15:48:05:

He could not legally enter if he could not establish that the owner of the residence was not there. In other words if your wife just introduced herself by her maiden name or her other name and her name is not legally on the title, then he cannot come in until the owner of the property was there.

You're next step is this. There has already been a debtors examination and you need to show up to court with your list of exemptions. It might be a good idea at this point to consult with a bankruptcy attorney or a consumer attorney and request a delay or continuance.

NJ has some crappy laws and the local court may have given him permission to come in and take your personal property. If that is the case, the only thing that can prevent that is a bankruptcy stay or for you to find out what is exempt and start listing your exemptions.

You will need a bankruptcy attorney to get your examptions together.

http://www.thebankruptcysite.com/what_do_i_keep.htm

This is an exemption site.

From what I can tell you have a judgment, and the creditor is going after personal property. It looks like there is a debtors exam and it has been missed. Now you need to find out if there are pending contempt of court charges against you.

If there are, they will arrest you. Proper service may have been rendered. YOu will have to check your courthouses rules for civil procedures and see what legally they can do. If they were legal, there is no way to stop them at this point unless you move to have the judgment vacated on grounds of improper service (if you can prove that) or on grounds of SOL. (That is an iffy after the fact) or go bankrupt.

They can legally at this point come in and sieze your possessions. Get your exemptions together and I would get a lawyer pronto.


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