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Thursday, April 3, 2008

Corruption in Real Time

When journalists write about corrupt activities, they usually are focusing on events that took place somewhere in the past. Usually, stories are about events that took place at least a few weeks or months previously.

But we have a rare opportunity here at Legal Schnauzer. We can report on corruption in real time--about unlawful activity that is going on right now.

As I've reported previously, Shelby County authorities have informed me that they intend to proceed with a sheriff's sale of my home--on a $1,500 "judgment"--even though I have filed a notarized Claim of Exemption. I filed the claim on Tuesday, and the sale is scheduled for noon on Monday (April 7) at the Shelby County Courthouse.

I've discovered an interesting article titled "Judgment Enforcement." It is written by Birmingham attorney Sara J. Senesac. Here is what she writes about the force of a Claim of Exemption.

The debtor may claim the property executed upon exempt at any time after levy or seizure but prior to sale of such property, by filing a notarized claim of exemption with the sheriff and a copy with the clerk of the court. (This is what I did.) Filing of a claim of exemption STAYS the sale of any property claimed exempt which has not previously been sold, unless the creditor successfully contests the claim. Ala. R. Civ. P. 69(d).

Senesac goes on to state that if a contest is filed by the creditor, a hearing will be scheduled and the contests shall be tried and determined.

The law is clear. My house cannot be sold until a contest has been filed and a hearing has been held, neither of which has been done evidently.

2 comments:

Sara J. Senesac said...

Hey, Legal Schnauzer, I don't recall giving you the right to use my material, to which I own the copyright. Had you asked, I'd have said yes.

legalschnauzer said...

I cited you as the author, cited the source of the material, and it was a short quotation from a text for purposes of comment. This is not an infringement of copyright under fair use provisions.

Not sure what your point is in bringing this up. Let me klnow if you care to discuss.