Property Seizure

Levy on Personal Property

In addition to serving legal documents, the Norfolk County Civil Process Office enforces Execution on Money Judgments “Execution” issued by the court. With an Execution on Money Judgment the court has decided the plaintiff/creditor is due monies by the defendant/debtor and the Execution allows the Plaintiff/Creditor to ask the Norfolk County Civil Process Office to enforce the Execution.

The Plaintiff/Creditor has three choices to effectuate the Execution on Money Judgment. Demand on Execution, Levy on Personal Property and Levy on Real Estate. When a Levy on Personal Property is requested, the execution instructs our deputy sheriffs to seize the personal property of the debtor. Most often, this property is the motor vehicle of the defendant. The motor vehicle must be listed in the same name as that outlined on the Execution whether it be an individual or business. Business machinery, equipment and assets may be seized as well.

The execution lists the money amount owed and the rate of interest to calculate based on the Issue Date. The Norfolk County Civil Process Office may research the vehicle ownership and lien holder status of the motor vehicle information provided by the Plaintiff/Creditor and may also find additional motor vehicles that may be necessary to seize to make payment toward the Execution. Our office is proficient in asset research.

At the time of seizure the service of the Demand Letter and a copy of the execution is served to the Defendant/Debtor or left at the service address. The Demand Letter details the amount owed, interest calculated and all associated fees. If the total amount due is attainable by the defendant, they are allowed to pay on the spot. Payment by the defendant/debtor can be made by credit card or money order. Our office does not accept CASH.

Every defendant is offered the opportunity to pay at the time of seizure, but sometimes they cannot make the payment or still refuse to pay. If payment is not made the Seizure Team is responsible to seize the motor vehicle, arrange for it to be towed by a bonded tow operator and transported to a bonded, secure storage facility where it awaits either payment in full or a Sheriff’s Sale. When payment is received from the defendant/debtor the vehicle can be released. If payment is not received, the plaintiff/creditor can decide to have the vehicle auctioned at a Sheriff’s Sale and receive the proceeds.

If the vehicle is to be auctioned in order to obtain the money owed, a sale date for the motor vehicle is chosen and may be advertised in the local newspaper and sale notice is posted in adjoining towns. All bidders willing to participate must qualify by having $600.00 money order made payable to Norfolk County Civil Process Office, which is returned if they are not successful in their bidding attempts.

Once the sale is complete, the purchase total is due to the Norfolk County Civil Process Office in 48 hours from the date of the sale. The money is disbursed to the Attorney for the Plaintiff as part of the repayment of their debt. If the amount is not sufficient to what they owe, the execution ordered by the court can be good for at least 20 years from the date issued, and more personal property will continue to be seized until the debt to our client has been repaid in full.