Exemptions
Assertion Of Exemption
Basic Rules
Use of force to retain exempt property
Where an officer attempts to levy on exempt property after being informed of the fact, the officer is a trespasser, and the owner may employ as much force as is necessary to prevent the levy but may not use more force than is necessary.[FN1]
A debtor who so resists an officer is not guilty of the offense of resisting an officer in the service of process.[FN2] At the same time, though, where an officer's possession of the property is not wrongful, and the question of whether such property is exempt must be passed on by a court of law, the debtor cannot, on a mere claim of exemption, unilaterally determine the issue and repossess the property.[FN3]
[FN1] State v. Johnson, 12 Ala. 840, 1848 WL 379 (1848).
[FN2] People v. Clements, 68 Mich. 655, 36 N.W. 792 (1888).
[FN3] Leach v. Stone, 264 S.W. 620 (Tex. Civ. App. Fort Worth 1924).
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