Sadly, we are hearing from a senior citizen that her car was seized from her and sold despite the fact that she had claimed an exemption with the sheriff per WV law.
She will never be allowed to own another car until she dies because of an unpaid judgment.
Any car she gets will be seized by the law.
She was threatened by the magistrate with jail if she even tried to claim an exemption.
Fortunately, that magistrate has been suspended.
How to Protect Property With Exemptions
A creditor who has a judgment against you can get a writ of execution from the court and ask the sheriff to seize some of your property and put it up for auction. This is called “an attachment and execution” or a “levy of execution.” The property doesn’t have to be property that the creditor took as collateral for a loan. (Learn more about attachments and levies.)
Unless you act, the sheriff will seize and sell property that is protected by an exemption. The sheriff won’t know what property is protected (exempt) without your help. You can prevent the sale of exempt property and get it back, or prevent its seizure in the first place by filing a notice of exemption or by taking similar steps specified by your state law. In some states, you need to file papers with the sheriff or an official by a deadline. In other states, the sheriff will let you set aside exempt property at the time of seizure.
(To learn more, see How to File a Claim of Exemption.)
