Legal Question in Credit and Debt Law in New Jersey

My mother and I reside at the same residence. I'm 34 and she's disabled so I basically support her. She just received a levy writ. I'm trying to find out what happens when I own most everything (aside from crafts and a collection of general crap) in the residence but being most things were purchased 5-10 years ago, I have no proof of purchase. We're barely able to pay the rent/bills each month, so it's not like we own the modern electronics that alot of other people do, etc (example: we still have televisions with the huge backs from like 8 years ago). How can I prove I own the things I bought so many years ago? What will they say?

Asked on 9/29/11, 8:35 am

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Did the court officer show up at your door and ask to take an inventory? You don't have to let the court officer into the home if you don't want to. If you let him/her in, did you tell them that the property was owned by you and not your mother? Typically you will not be in the position of having to prove anything. The court officer will just inventory what he/she sees, and if you tell them what is yours and it appears to be reasonable, it is likely that the officer will not put it on the inventory. Furthermore, even after that it would be very rare for the creditor to try to sell any of this type of valueless household property. Finally, even if the property was your mother's, she would be entitled to assert a $1,000 exemption, which based on your description would shield all of the property anyway. Looking at the bigger picture, how much are they trying to collect from your mother and how much other debt does she have? Feel free to call to discuss if you would like.

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Answered on 9/29/11, 2:28 pm

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