Notice of levy and sale of property and right to exemption.

The purposes of this notice are to tell you that your property is being taken by levy for the purpose of paying the judgment against you for $_____, entered in favor of _________ on _________, 19__, in the _________ Court of _________, and to inform you of your right to exemptions under the laws of this state. These laws protect certain property from being taken for the enforced payment of debts. Such property is called exempt property. If you are a resident of this state, property of the kind(s) listed below may be exempt and thus may not be taken by levy and sold to pay the judgment except as provided by law. If you are a nonresident, your right to exemptions will be governed by the law of the jurisdiction of your residence.

Any property used as a home for yourself or your dependents if its value (above mortgages and other liens) does not exceed $10,000. If your home has a value above this amount, it may be taken and sold in accordance with the procedure described below.

If you have a homestead in excess of the limit of $10,000 for each dependent, it may be offered for sale by public auction after advertisement of the time and place of the sale. For 30 days after a sale under an execution against your homestead you can repurchase the property by paying the clerk of the court the costs of the levy and the sale plus the amount of the difference between the highest bid and the value of your homestead or, if that is less, the amount of my judgment. If the highest bid for your homestead at the execution sale is not enough to pay you the value of your exemption, the sale will be cancelled, and you will not be charged for the expenses of the attempted sale.

If you wish to object to the levy made against your property by the officer of the court and his proposed sale for the purpose of paying the judgment, you must file your objection with the clerk of the court, whose address is _________, _________, within 10 days after the levy. In order to save your claim to exemption of any property, it is not enough to notify me or my attorney of your objection to the levy on the property. If you file an objection, you will be notified of the date on which a hearing will be held to determine rights in respect to the property in dispute. Failure to file a timely objection to the levy on your property or to appear at a hearing on your right to an exemption may be regarded as a waiver of any objection to the levy and a consent to sale of the property for the purpose of paying the judgment against you.

_________(Date of this notice)  
_________(Creditor's attorney)

_________(Judgment creditor)

_________(Address)

_________(Address)



______________________________________________________________________________________

 

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