Author Topic: Technical question on exemptions from collection (Florida)  (Read 307 times)

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anoNY

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Technical question on exemptions from collection (Florida)
« on: November 30, 2017 05:02:50 PM »
Hypothetically:

I get a $1,000 exemption for personal property.  In researching the levy and execution process, every sheriff website states that the debtor can choose $1,000 worth of stuff to exempt. 

My question is "When does that choice happen"?  Do I have to state on a debtors exam that I do not want certain property seized?  Do I have to wait until after it is seized and file something to get it back?  Do I just get up to $1,000 cash from the sheriff's sale, without the chance to keep the property?

Thanks in advance!

Flyingifr

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Re: Technical question on exemptions from collection (Florida)
« Reply #1 on: November 30, 2017 07:54:55 PM »
I don't think you would need to raise that until someone actually comes to get your stuff (which I doubt they will do. Look in the Flyingifr Method - I have a post where I discuss the likelihood of that happening in "Scaring Away the Repossessors"
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

anoNY

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Re: Technical question on exemptions from collection (Florida)
« Reply #2 on: December 01, 2017 08:32:52 PM »
I don't think you would need to raise that until someone actually comes to get your stuff (which I doubt they will do. Look in the Flyingifr Method - I have a post where I discuss the likelihood of that happening in "Scaring Away the Repossessors"

I think you are right.  I found a "guide" to collections put out by one of our sheriffs down here in FL that states the debtor would file the exemption with the court after the property is already taken.  Other sites did mention that you can direct the sheriff NOT to take exempt goods if you are present for the seizure though, so it is a bit confusing. 

Either way I feel pretty safe.  The furnishings are all jointly owned with my wife as entireties property, and they can have my <Removed> T-shirts if they really want them!


Admin Note:  Inappropriate language removed.  :tos:
« Last Edit: December 01, 2017 10:42:39 PM by Admin0248 »

chester474

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Re: Technical question on exemptions from collection (Florida)
« Reply #3 on: December 05, 2017 02:41:41 AM »
The bankruptcy form has schedules of property - one is where you list property you claim as exempt under the exemptions permitted by your state, or by the federal property exemptions if you live in a state which permits you to choose either the state or federal exemptions and you choose the federal exemptions.

It is also property to do pre-filing "shelving" - you can convert non-exempt property into exempt property as long as the conversion is done "for value" - i.e. honest sales and purchases as far as price goes.

An attorney who does bankruptcy can advise you on this.