Will a judgement creditor take things that don't belong to you?

nope...they just cant come into your house period. They generally go after bank accounts and wages.

I thought that they can, or send a sheriff over to take your stuff.

Nope. Cars can be repo'd and houses foreclosed. A judgement doesnt give them rights to your TV, couch and stereo, especially belonging to someone else. As a general rule with a judgement, they want cash like your bank account or wages.

SoapLady, does that apply in every state?

I have purchased household belongings from a courthouse sale in GA. where the sheriff did take the items from a home and soled them to satisfy a judgement. In fact they have a "sheriffs sale" quite often.

If something like that were to happen, how would you explain that the stuff they want to take does not belong to the debtor? That it belongs to another person in the household

I have heard of that happening, most states have laws that list what is safe from such seizures, like for example Texas states that clothing, bed, couch, food, farm equipment..etc can't be taken. I think this is used mainly when a company sues for a defaulted account that bought stuff of considerable value. They would have to prove that what they are taking is in fact yours, especially if the residence in question belongs to someone else.

The only way that property can be seized is in the event of bankruptcy, tax evasion or collateral loans. A regular bill collector can not do anything to harm you they just harass.

Jeffrey, WRONG! If a judgement has been entered by the court, assets can be seized!

The judgement would have to specify WHAT assest can be seized and the underlining question here is regarding assest that do not belong to the OP.

Each state has different laws. For instances Texas is very consumer friendly. You wages can't be garnished. If you have one property in Texas it can't have a lien placed on it. If you have 2 properties a lien can be placed on the second property. This doesn't hold true to many other states though. For instance in California, Washington D.C., Idaho, Maryland, Deleware, Nevada and New Jersey your wages can be garnished but a lien can't be placed on your home. In Pennslyvania and South Carolina you can't be garnished but a lien can be placed on a home. North Carolina doesn't allow liens or garnishments whatsoever. Things are always changing state to state.

Yes, if someone gets a judgment against you, the creditor can file what's a called a writ of execution, and the sheriff will come to your house and take your personal belongings that aren't included in your state's exemptions. This is for any kind of debt, including CC debt. You have to file your exemptions within so many days. I've studied this in depth regarding Missouri. In Missouri for example, not a consumer friendly state, they only allow $3,000 worth of clothes and other personal items--and this is for the entire household, even if only one person owes the debt. It's insane! I don't think they should be allowed to do this.

I have a suit pending against me right now courtesy of CACV, so I'm very worried about this too.

If you're worried about it, look up your state's statutes under "Writ of Execution," and you'll find out what they can and can't take and what kind of exemptions your state allows.

They cannot take property that does not belong to the debtor. To take anything that is claimed by your roomate then they will have to go back to court and PROVE that the property belongs to you.

For secured debts (best buy credit cards or the former circuit city credit cards for example) yes they can seize certain goods. The writ of execution is typically in play when a person does not retain legal counsel (including free legal aid). I have learned a lot in my two year struggle against a company called dominion law associates including the fact that what you don't know about your rights WILL hurt you. A good lawyer could have assisted with the writ of execution. I know it does exist, I have had a friend that was almost hit with the experience. He found what I have always told him to be true, "If you control the media, you control the world". He made a statement to the local newspaper and the writ was canceled along with the judgment being dropped due to the fact the company and sheriffs office did not want to look "bad" leaving a poor family with nothing to live for. Sheriffs make money on every law suit placed in their county, they are NOT on your side in this manner and will in fact violate certain rights you are entitled to. Never stop fighting and always file a counter-suit when the plaintiff steps out of line.

Alot of the answer are not addressing the OP's question: Can they take property that belongs to the person who s/he is living with? And the answer is NO if the property does not belong to her it is not touchable. The court is not going to give the property of one person to settle a debt of another.

Pissed, I don't know waht state you live in but in California the Sheriff is an officer of the court and does not make moeny from lawsuits. They are paid to serve court papers in civil cases if the plaintiff so choose, this is to cover their cost. $30 really is not alot of money to serve papers.

what can they take in personal stuff in the state of texas??

In general, a debtor may claim exemption of his homestead and certain personal property from attachment and execution of a judgment.
A debtor's homestead and one or more lots used for a place of burial of the dead are exempt from seizure for the claims of creditors. (Prop. C. 41.001.) If used for the purposes of an urban home or as a place to exercise a calling or business in the same urban area, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, consists of not more than one acre of land which may be in one or more lots, together with any improvements thereon. (Prop. C. 41.002(a).) If used for the purposes of a rural home, the homestead consists of:

(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or
(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (Prop. C. 41.002(b).)
Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure may include property having an aggregate fair market value of not more than $60,000, exclusive of liens, security interests, or other encumbrances if it is provided for a family, or an aggregate fair market value of not more than $30,000, exclusive of liens, security interests, or other encumbrances if it is owned by a single adult. (Prop. C. 42.001(a).) These property may include home furnishings, including family heirlooms; provisions for consumption; farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; wearing apparel; jewelry not to exceed 25 percent of the aggregate limitations prescribed by Section 42.001(a); two firearms; athletic and sporting equipment, including bicycles; a two-wheeled, three-wheeled, or four-wheeled motor vehicle for each member of a family or single adult who holds a driver's license or who does not hold a driver's license but who relies on another person to operate the vehicle for the benefit of the nonlicensed person; certain animals and forage on hand for their consumption; household pets; and the present value of any life insurance policy to the extent that a member of the family of the insured or a dependent of a single insured adult claiming the exemption is a beneficiary of the policy. (Prop. C. 42.002.)
Other personal property, which may be exempt from seizure, may include current wages for personal services, professionally prescribed health aids of a debtor or a dependent, alimony, support, or separate maintenance received or to be received by the debtor or for the support of his dependent, qualified retirement plan, annuity or account. (Prop. C. 42.0021.)