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Federal Marshals may levy a judgment debtor's property to repay federal judgments. County Sheriffs can levy a judgment debtor's property to help repay state court judgments. My articles are my opinions and are not, legal advice. I am a judgment solution professional, and not an attorney. If you ever want a strategy to use or legal advice, please retain an attorney. Most garnishment procedures and paperwork used by Marshals and Sheriffs is almost the same; so in this article, Sheriff can mean either a Sheriff or a Marshal. Often, having a Sheriff auction off a judgment debtor's assets at auction could help get your judgment satisfied. What if you have liened several of a debtor's assets? Examples would be 2 houses or 3 motor vehicles. May all those liened properties get sold by the Sheriff in one batch, at a future Sheriff's auction? This answer varies with the policies of your Sheriff, so contact your Sheriff how they do things. In many places, there's statutes which address circumstances when multiple properties within one county concurrently, get sold to try to repay a judgment. Most often, expensive assets get held within title, and real estate is usually held with a single title per property. Sometimes, more than a single vehicle is listed on one title. Sheriff garnishments and auctions are usually by title. Usually, Sheriffs aren't required to sell multiple debtor properties in a single batch. Most often, the debtor is allowed to decide which order that their assets are auctioned off. That way, when multiple bidders arrive and bid, the debtor can have as few properties sold as is possible. In multiple bidder situations, Sheriffs only allow the number of a judgment debtor's properties to get sold as are needed to satisfy a judgment in full; including any Sheriff's and auction costs, statutory interest, and recoverable court fees. At Sheriff auctions, the opening minimum bid price is most often the total of what's owed for property loans and/or the creditor's judgment, the Sheriff's fees, and court fees, with consideration for all applicable debtor exemptions. When the auction nets a sale amount above the opening minimum offer bid, all extra funds are paid to the debtor. Selling prices past the starting bid, usually only happen if there are multiple bidders. In non-judicial trustee foreclosure auctions of real property, usually one doesn't need to preregister, or put down their deposit until they place their bid for the real estate. At Sheriff execution auction sales, one needs to usually post their deposit and identify themselves to the Sheriff, prior to the start of the bidding. With a Sheriff auction sale, once the auction begins, only bidders who are already registered are permitted to bid, and there's no more registration opportunity. Auction starting times are prompt, and there is not any allowance for those who arrive late. At the Sheriff auction, if no one shows up on time, the auction is canceled. (Some Sheriff auctions have a very short grace period.) When no one places a bid at the Sheriff auction, the asset may revert back to the debtor. And, the judgment owner's deposit might or might not get refunded, depending on the Sheriff's policy. Both of these are reasons for a creditor (or their friend or representative) to carefully consider showing up at the Sheriff auction and credit bid or bid, in case no one else shows up and bids. Get judgments collected for a fantastic realistic price: http://www.JudgmentBuy.com - Judgment Enforcement. The free, easiest, best and fastest way to begin recovering enforceable judgments. (Mark Shapiro 408-840-4610) No obligation, free judgment evaluations.
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