Legal Question in Credit and Debt Law in Pennsylvania
debt collection
what household items are exempt from seizure by creditors? can they take my kids playstation or computer? do they follow state laws or federal ?
1 Answer from Attorneys
Re: debt collection
You asked what is exempt from seizure by creditors.
It depends on the circumstances. In a civil action almost any property that a judgment debtor owns may be subject to seizure when trying to satisfy a judgment. This has few exemptions, such as a limited scope of personal goods.
My take though is that you are in a potential bankruptcy situation. Bankruptcy is governed by federal law and also state law. Certain personal property is exempted from liquidation and any property in excess of that amount would be subject to seizure and liquidation by the trustee for the benefit of the creditors.
Personal property that is legitimately the property of a child would probably be exempt from inclusion in the estate of the debtor. But any attempts to make property that wasn't the legitimate property of the child appear to be so would be a fraud on the Court. Fraud will not only get your case for bankruptcy denied but could also land you with criminal charges.
You need to consult with an attorney to discuss the option of bankruptcy. An attorney may also be able to present you with other options.
Regards,
Roger