QUESTION

Can an a marshal force his way into my girlfriend's apartment to look for my stuff?

Asked on Dec 10th, 2014 on Bankruptcy - New York
More details to this question:
About 10 years ago a money judgment was entered against me. I paid about half of it. But later on I stopped paying because I was unemployed and even homeless for some time. Recently an attorney representing the judgment creditor want to enforce the judgment and subpoenaed me for a deposition. I went to the deposition and just told the truth, under oath, about my finances. He is not acknowledging any previous payments I made (about $50k, for which I have receipts and other evidence) and wants to collect the full amount. He sent, through the Marshal, a "Writ of Execution", pretty much saying that they will show up at some point and take whatever they think I own. In the deposition I declared that I have no assets, no job, no off-the-books-income, no real property (real estate), no vehicles or boats, not IRA accounts, 401k, stocks, bonds, a savings account, nothing, not even a regular checking account. All I own is my clothes and some books, and a few soccer cleats of course. :-) That's the sad truth. To show good faith I sent him two money orders for a small amount several months ago and we agreed over the phone that in the near future, when I hopefully have an income of some sort, I would begin to make regular payments toward the balance. We also agreed he must review my previous payments (made before he took the case to enforce the judgment) and adjust the balance amount, which, including previous payments, would end up being a balance of about $49k. But the attorney thinks I must be lying and keeps threatening me with sending the NYC Marshal to MY GIRLFRIEND's apartment to "look" for my personal belongings and take them away from me. I reiterated to him that I don't own anything of value, -as stated in my deposition-, and that he shouldn't embarrass my girlfriend and send the NYC Marshal to her apartment building, -a high rise in Manhattan-, risking taking stuff that belongs to her in the process.
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1 ANSWER

Bankruptcy Attorney serving Schenectady, NY
2 Awards
No there is no such thing unless he has a warrant to do so.
Answered on Dec 11th, 2014 at 8:08 AM

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