This section handles Writs of Execution that are used to try to satisfy a judgment out of the personal property and real estate of either the individual or a business.
Levies Placed on Property
This is done by levying on any and all personal property and / or real estate owned by the defendant in the case. Some of the types of personal property that can be levied on are as follows:
Once personal property has been levied upon and an inventory taken for an individual’s property, we must conduct an appraisal of the property inventoried. An individual has the right of a $1000.00 exemption which can be awarded by the court or the plaintiff’s attorney.
Selling Levied Items
A business is not appraised and can go right to Sheriff’s sale. Personal property must exceed the appraised value of $1,000.00 in order to go to Sheriff’s sale with items inventoried. Once this is all completed, the next step would be to place all the items levied upon up for sale. All items inventoried are sold as a lot and any potential bidder must be prepared at the time of sale to remove items. Vehicles, boats, motorcycles, etc. registered to the defendant must be towed from the property. A Bill of Sale will be provided to the buyer with the motor vehicle application for Certificate of Ownership, approximately two (2) weeks after the sale in order to turn ownership into their name. Bank levies only require an Order for Turnover from the courts which directs the bank to turn over the funds levied upon to the sheriff, who will then turn over the funds to the plaintiff or their attorney in the case. When the judgment cannot be satisfied from the personal property and all personal property has been exhausted, the plaintiff can then obtain an order to sell real estate. The real estate can then be taken to Sheriff’s Sale.