Seizure is the method of levy for personal property in the
possession of the debtor. If the debtor has a business, the
placement of a keeper in the debtors business for an 8-hour
period is a relatively inexpensive form of seizure. An 8-hour keeper
levy is particularly effective when used as a "fact-finding
mission" to identify equipment and inventory at the debtors
business. A deputy sheriff performs the levy by placing a keeper
(custodian) in the debtors business for an 8-hour period. During
that time, the keeper seizes incoming cash and checks from the sale
of merchandise and prevents the removal of any stock-in-trade or
equipment unless paid for. The keeper also prepares a written
inventory of the property found at the business. If further action
is required, the creditor may refer to the keepers inventory to
weigh the feasibility of having the Sheriff seize, move to storage
and sell some or all of the property if the debtor does not satisfy
the judgment.
The debtor may claim the levied property as exempt if the debtor
is an individual (not a corporation, partnership, etc.) If an
exemption is filed, the Sheriff will mail a copy of the claim and
instructions for opposing the exemption to the creditor.
Property belonging to the debtor that is not in the possession of
the debtor must be garnished and cannot be seized. A keeper levy
cannot be made if the Sheriff determines that the business is not in
the possession of the debtor. For example, a keeper may be installed
at A1-Auto, a corporation, if the writ lists the debtor as A-1 Auto,
a corporation. However, if the writ only lists John Smith, an
individual (who is also President of the corporation) as the debtor,
a keeper cannot be placed because the corporation is not a named
debtor. The wages owed to John Smith by the corporation must be
levied by garnishment (earnings withholding order.)
If the debtor is an artificial person (corporation, partnership,
etc.), the writ must include the debtors legal entity, e.g., A-1
Auto, a corporation or Acme Sales, a partnership. The Sheriff cannot
enforce a writ that does not list the debtors legal entity. A
"dba" (doing business as) is not a legal entity. For
example, A-1 Auto dba A-1 Auto Parts does not list the legal entity.
But, A-1 Auto, a corporation, dba A-1 Auto Parts is acceptable.