TOPIC: Civil lawsuit and Enforcement of a judgment thru a “LEVY”? Search and seizure. Exactly how does this work?
INTRO: my cousin owns his own business, but got sued by a larger company who is a known bully in the field and basically accuses small companies for stuff they didn’t do because the judge in his town is “buddy buddy” with them, i don’t know the arrangement and can’t prove it), but they basically swoop up the entire market share in his field one-by-one by knocking off these small companies with bogus claims in high courts. He couldn’t afford an attorney but they brought 4 of them as they do in all their cases apparently. Here’s my question:
QUESTION: He lost the case and it’s some ridiculous amount he’ll never be able to afford. It’s going to destroy his life and his family’s, but he doesn’t want to have to file bankruptcy (for a number of reasons…at least yet). He was asking what happens if he doesn’t/can’t pay and they sell the judgment to a collection agency/lawyers who specialize in capital recovery and the like. He doesn’t own any property but has built up a sucessful online company from his apartment and is the most honest, hardworking guy I’ve ever known. His company is popular because of his line of products and his customer service but he’s only been doing it for 8 years (I never see him anymore). He has 3 kids he’s trying to put through college. However, If the civil judgment is for a crazy amount ($375,000) and he owns no property except what’s physically “in” his apartment, once the lawyers sick the collections agency on him, he and his family are worried that the same judge will just sign off on anything they put in front of him, based on the case so far. Their fear is that the lawyers will just get get a lien on his business (auction it off, even if no property, auction of the trademarks and all that stuff he’s worked hard to build) and bring it over to their company like they’ve done with the other lawsuits.
From his research his fear is that they will get a search and seizure (not sure the term) and go in and take ALL his family’s stuff (we know there are exemptions), but like take his safe etc which has all his trade secrets and kid’s future college tuition. He knows not to put it in the bank because they could levy it all in one day. If they don’t know he has a safe per se, WHAT IS IT CALLED (AND EXACTLY HOW FAR CAN THEY GO) can they get some sort of “general” lien/search and seizure where they can go in (knock or barge in–don’t know) and take anything “of value” / to pay back that civil judgment where they then sell it at auction? Do they “have” to have items named, like safe, or can it just be “go in and get anything over a certain value”. We all know/have seen those public auctions wher they’ve gone in and levied (???) people’s stuff. He’s renting his apartment with his wife, their 3 kids, and his wife’s brother in-law who recently lost his job and they took him in.
Sorry for writing too much, so basically this question is about enforcement of a levy (other than bank/paycheck because he works for himself). Just need to know can they levy what’s in his apartment, do they have to knock, does the search and seizure (not sure what it’s called in this case) have to “specify” items that can be taken (can items even be taken?), auction them, etc. Also (another question) can they just slap a notice on his front door and auction off his business? (you know who will be there to buy it too). Also, is it the local marshalls who do this? What kindof paperwork would they need? Whatever detail you can provide would really help. Thanks so much.