How can we separate our property from the mother’s?
The bank has taken judgement against my mother for debt owed. However she is now indigent as she lost her job and fell ill. The problem is that we all live together, with father and brother and have all our movable property under one roof. The only item my mother owns is a sewing machine, some books and a TV set. If the Sheriff comes to attach her property they will end up taking items that do not belong to her. What do we do?
When a judgement is given, a warrant of execution is later issued on application by the creditors attorney whereby the Sheriff will come to the residence of the debtor and first attach immovable property, ie Furniture, TV, microwave etc . Attach means he will come and list all the items that can be sold for value to satisfy the debt. Then he will come and execute against those movables, bringing a truck to come and take them. You are not allowed to move and hide goods that have been attached. To oppose the attachment you will have to go to court with an application called an inter-pleader to say that all or some of the goods do not belong to your mother, who is the debtor. It will be opposed by the creditor’s attorney in which case you will have to prove that certain or all of the items do not belong to your mother. You must have receipts , affidavits, and perhaps call witnesses. If that succeeds then the Sheriff will not take those items.