En esta noticia
In the United States, a court can authorize the seizure of cell phones, computers, and tablets from citizens and foreigners who let a court debt go unpaid without resolving it. The measure is carried out through a government official, responsible for taking assets that are not protected by a legal exemption.
The mechanism arises from the civil courts of each state, which authorize this type of seizure when a creditor proves that there is an unpaid debt and obtains a court judgment in their favor. From that ruling on, the Government authorizes an official to enforce the order.
How is the seizure of cell phones, computers, and tablets carried out?
The process begins when a person is notified of a lawsuit over a debt and does not respond in time, or responds but loses the case. In both cases, the court issues a judgment that allows the creditor to collect through different channels.
Once the judgment has been issued, the Government may issue an enforcement order authorizing a judicial officer or sheriff to peacefully remove the non-exempt assets. The items that may be included are the following:
- High-value cell phones, computers, and tablets
- Jewelry or collectibles above a certain amount
- A second vehicle or luxury vehicles
- Cash that is not protected by an exemption
The assets removed are later sold at a public auction. The proceeds are first used to cover the costs of the procedure and then to pay the debt claimed by the creditor.
Who is at risk and what can they do to avoid it?
The risk falls mainly on those who ignore a debt lawsuit and allow the court to issue a judgment against them without mounting a defense. That inaction is what authorizes the Government to approve subsequent enforcement.
Responding on time to a court notice is the main tool to avoid this scenario. Each state sets a different deadline to file a response, so it is advisable to check it immediately upon receiving the summons.
In addition, there are exemptions that protect certain assets even with a final judgment. Among the most common are:
- A vehicle, up to a certain value
- Furniture, clothing, and basic household items
- Public benefits such as Social Security
- Work tools, up to a certain amount