QUESTION

Are my 2 horses considered assets?

Asked on Apr 16th, 2015 on Bankruptcy - Illinois
More details to this question:
I have a judgment against me. I collect SS, I don't have a car and I don't have savings. The collection attorney implied they could take my 2 horses as assets. One is 20 years old and lame. They are not special, just horses. Can they take them to satisfy the judgment?
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2 ANSWERS

General Practice Attorney serving Belvidere, IL at Law Offices of Henry Repay
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It is correct that the horses are assets subject to collection, but there is more to it than that. First, you are able to exempt certain assets from collection. So, provided that there are not other assets on which you need to use your exemptions, you can keep the horses as exempt property. Second, would they want them? If they were valuable race horses, had breeding value or otherwise could be used to put a dent into the balance sought to be collected, then yes. Here, however, if they are of limited value, why would they go through the trouble of taking something that they will have a hard time managing and turning into cash. Anything is possible in the collection industry, but it sounds like they are trying to frighten you by threatening something that you find dear. If you feel they go too far in their threats, inquire into a consumer claim (Fair Debt Collection Practices). If debt is big concern, you should explore whether bankruptcy makes sense in your circumstances. While it sounds like you may not need to go that direction, you should know the options. The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) household income information for November 2014 through the present, including wages and unemployment during that period; (2) all your bills and collection notices (copies neatly assembled, back pages included); (3) last two years? tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.
Answered on Apr 20th, 2015 at 6:32 PM

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Debt Collection Attorney serving Chicago, IL
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Horses are assets. There is a "wildcard" exemption for $4,000 in assets not otherwise exempt. A horse used in agriculture or to generate income may be exempt under a provision covering "The debtor's equity interest, not to exceed $1,500 in value, in any implements, professional books, or tools of the trade of the debtor."
Answered on Apr 20th, 2015 at 2:17 PM

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