Legal Question in Credit and Debt Law in Utah

a collection agency has a judgement against me, I don't have any money to pay them so they want to take my personal property. Can they take my childrens computers and tv's. their dad's bought them for them. I'm a single grandmother raising my grandkids. I don't have any proof that their dad bought the tv and computer for them except their word.


Asked on 10/07/09, 5:21 pm

1 Answer from Attorneys

Randy B. Birch Attorney at Law

These are general comments, but:

1) they cannot take anyone else's property to satisfy your debt;

2) most of your property is "exempt" meaning that they cannot take that either; but to preserve it you MUST fill out the form objecting and requesting a hearing when they serve you with the paperwork;

3) if you will agree to make any payments at all, they will not waste their energy o$ selling your personal property.

The following is a partial list of exempt property and money, but some of these exemptions might not apply to judgments for alimony or child support.

(A) A burial plot for you and your family.

(B) Health aids.

(C) Benefits because of disability, illness or unemployment.

(D) Medical care benefits.

(E) Veteran�s benefits.

(F) Social security benefits.

(G) Supplemental security income benefits (SSI).

(H) Workers� compensation benefits.

(I) Certain retirement benefits.

(J) Public assistance.

(K) Money or property for child support, alimony or separate maintenance.

(L) Certain furnishings, appliances, carpets, animals, books, musical instruments, and heirlooms.

(M) Provisions for 12 months.

(N) Wearing apparel, not including jewelry or furs.

(O) Beds and bedding.

(P) Certain works of art.

(Q) Compensatory damages from bodily injury or wrongful death.

(R) The proceeds of certain life insurance contracts and trusts.

(S) Books, implements and tools of a trade.

(T) A personal motor vehicle.

(U) A motor vehicle used in trade or business.

(V) Part of your wages.

(W) Property of a person who did not have a judgment entered against him or her, such as the co-owner of the property being held.

You should consult Utah Code Title 78B, Chapter 5, Part 5, Utah Exemptions Act for full information about exemptions. There is no exemption solely because you are having difficulty paying your debts. You may want to consider consulting with a bankruptcy lawyer.

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Answered on 10/13/09, 11:37 am


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