Levy On Personal Property
When a Levy on Personal Property is requested, the Execution empowers deputy sheriffs to seize the personal property of the defendant. In many cases this property is a motor vehicle or piece of equipment belonging to the defendant. The line of ownership must be clear and the defendant listed on the ‘Execution’ must exactly reflect the ownership of the personal property. In the case of a motor vehicle the name on the Title must match the name of the defendant on the Execution.
The Norfolk County Civil Process Office will levy (seize) personal property with no upfront costs to attorneys/plaintiffs. All of our sheriff's fees and those for towing and storage are taken from the proceeds of an auction or paid by the defendant following a successful seizure settlement. If you are unsure whether a defendant owns property which may be seized we offer no cost asset checks, which can assist in determining what may be seized to satisfy a judgment.
Due to certain complexities of the seizure process, please contact the Norfolk Sheriff's Office to discuss various options.
If you have any information on the assets or their whereabouts, it’s important to communicate that information to our office. Please also send the Original Execution Issued by Court (this will be returned to you after the seizure process is complete).
The Asset Seizure Process
- The first step is an asset check on the defendant. Assets checks consist of a search for any real or personal property held by the debtor including but not limited to real estate, motor vehicles, equipment, boats, etc.
- Once the asset check is complete, the attorney/plaintiff will be informed and will need to provide written authorization to go forward on the seizure and the asset is placed on the seizure list.
- We make every effort to communicate throughout the seizure process. All of our Seizure Deputies go through extensive training including the Reserve Intermittent Police Academy. Every seizure is approached surgically, considering both liability and the need to satisfy the Judgment. As a law enforcement agency, we are able to utilize resources and tools unavailable to Constables or the general public.
- At the time of seizure, a 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 plus interest and all associated fees. If the total amount due is attainable by the defendant, they are allowed to pay on the spot. Payment plans may be negotiated at the discretion of the plaintiff or their attorney. Payment by the defendant/debtor can be made by credit card, bank check or money order. Our office does not accept CASH.
- Our seizure team works closely with a bonded and insured tow operator and all assets are transported to a bonded, secure storage facility. Once at the storage facility the judgment debtor either reaches a financial settlement and the asset is returned to the debtor or the asset is scheduled for a Sheriff’s Sale.
- If the asset/vehicle is to be auctioned at Sheriff’s Sale in order to obtain the money owed, a sale date for the asset/motor vehicle is chosen and sale notice is posted in the town where the sale is conducted. Additional marketing is available when applicable. All bidders willing to participate must qualify by having a money order made payable to Norfolk County Civil Process Division in the amount listed on the sale notice. This money order is returned if they are not successful.
- Once the sale is complete, the purchase total is due to the Norfolk Sheriff’s Office within 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 satisfy the debt, the Execution is amended and returned. If the Execution remains unsatisfied additional personal property may be seized until the Execution is satisfied in full or expires. Executions remain valid for 20 years from the date they are issued. We encourage attorneys to send us older executions they may have in their files as oftentimes changing circumstances may result in new assets which could be seized to satisfy the execution.