Sheriff Sale notice left to levy property

#1 10-19-2004, 05:33 PM

Can anyone tell me if a Bill of Sale that is signed by two parties the and witnessed by two parties and dated is legal. Since when does a bill of sale need to be notorized (per Sheriff's department)? My personal property was sold to someone for helping me and now they are saying it is mine as long as it is in my home. They are coming to levy it and have left a notice on my door. Any Ideas I am going to do an affidavit of proof but not sure how to write it up. I mean I already have the proof. Or so I thought?????

#2 10-19-2004, 08:27 PM

I need help with the affidavit for tomorrow morning can anyone help me please. Or any other advice will be helpful. Thanks

Jerseee · #3 10-19-2004, 10:40 PM

details.....?

There is an affidavit templated in the downloads section

#4 10-19-2004, 11:14 PM

Details sorry, I did get the template thank you. I am asking if a bill of sale in the state of PA or anywhere, that is signed by two witnesses needs to be notorized? I sold all of my assets in Jan 2004 to someone. Assets being the contents of my home in return for helping to pay for bills such as electric and trash and whatever else. Payment for work he had done on my home so it is basicly worth a certain amount which was stated in the bill of sale. He has no place for it and is letting me keep it to use. I cannot take it with me however but the Sheriff's office has said if I don't have the bill of sale notorized than it is not worth a thing and now they are ready to do a Sheriff sale on property that is not mine??? I needed the affidavit for the owner of the property that is in my home. Hard times and I did what I had to do to stay here so far. I did not think for a moment that I needed a notary when there are two competent witness's there. They are going to levy for a money judgment that was dated for 04/2004. So, the bill of sale predates that.

#5 10-20-2004, 03:29 AM

a bill of sale is a contract - how dare they interfere with a private contract.

if you go to a store and purchase some goods, then later have an actionable issue with those goods, could you not use the receipt in court to show ownership of those goods? hmmm? think about it...

a notary is worth two men - two witness equal a notary. as far as i know that is maxim of law. you'll have to search your local code or just ask a notary.

the current owner of the assets will have to come forward and show ownership to have the levy removed (for obvious reasons). if it isn't yours, then you don't have a problem.

jon

#6 10-20-2004, 04:30 AM

jmunson I appreciate the information and that is exactly what I thought I have checked local laws and cannot find a darn thing saying this was not good enough. The current owner is coming over today to fight it and he is not a happy camper LOL. Not mad at me but the idea and the principil of the thing. I got the affidavit template and am going to have him write it up to take to the court house to protect himself just in case. Thanks all I will let you know the outcome. Small town Sheriff deputies are really something to work with specially this one.

#7 11-05-2004, 05:07 AM

Hi, Okay the owner filed an affivdavit notarized and took it into to the court house and filed it with the court. They came back the Sheriff's and said that the lawyers said to levy the property anyway just take inventory and they will set up sale in six weeks. I am not sure what to do now anyone know the next step. They informed me they would break down my door and I told them to notify me before they make plans to break down anything and I will make sure I am here. I plan to take a video camera and be in there face the entire time and video tape the whole thing. They are being unreasonable at this point. I will not let them get to me. I would love to hear of a next step if anyone has and idea. Maybe a quit claim? Thanks

#8 11-05-2004, 07:54 AM

legally, i haven't a clue as to what you should do at this point. the "owner" is going to have to "fight city hall" on that one.

however, i suggest having someone, not you, rent a storage facility (like PublicStorage or something) and move all the stuff in there asap. let them inventory an empty building!

hopefully somebody will come up with a better idea...

jon