Re: sheriff sale
When any one claims you owe them money, they can sue you. If you do not defend, or defend and lose, a judgment will be entered against you. A judgment is a court determination that you owe the money.
To enforce a judgment, the creditor begins what is known as execution. One method is to pay the sheriff to levy on your assets and conduct a sale. The levy is a court order forbidding you from moving or disposing of the levied assets. The sale is scheduled with 6 days' notice and it is essentially an auction.
To prevent a sale, you have three options and the first 2 are usually not successful. First, if you own the assets as part of a marriage and your wife was not sued, the assets are exempt as tenants by entireties. Similarly, if someone other than you owns the assets, that person must file an objection before the sale and a hearing on the objection will be scheduled. The same procedure is required if you own the assets with your spouse. She must file.
The second option is to stay the sale based upon some equitable or legal reason. If there was a defect in the notice or you are legally contesting the judgment, it is possible to stay the sale. Once again, such a contest is difficult to prove and rarely successful.
The third and most effective option is a bankruptcy. A bankruptcy will stop the sale. If you are entitled to a discharge of the debt, it is possible to remove the lien which had been created. Consequently, at the end of the case, the debt is eliminated and you are free to use your assets as you wish.
I agree with other counsel that you should consult with an attorney immediately.
If I can be of any help, do not hesitate to call or E-mail on a free initial basis.
