Soldato
- Joined
- 18 Oct 2012
- Posts
- 8,353
I watched that episode. The kid offered for them to go through his room if they wanted, however they didn't take him up on that offer. The HCEOs never at any point said they would only take stuff they could prove was his.
They were even trying to take the car outside the house. When shown insurance documents in someone else's name, they tried to take the angle the debtor is a named driver (neither of which means squat in reality).
They were saying that proof of ownership would have to be shown for everything. Never made a distinction between his room and the rest of the stuff in the house.
His younger brother and family were under the impression that the HCEOs would start taking stuff from the house, again with no distinction being made about who owned things. At no point did the HCEOs correct or remind them the writ says only stuff owned by the debtor could be taken.
The debtor obviously had nothing to pay the debt with, but the family under considerable distress managed to put together money to pay the debt even though they were liable for none of it and legally had no reason to pay it. It didn't help that being immigrants with not a strong grasp of the law and powers given to HCEOs they just ended up being furious (admittedly way over the top) someone could come into your house and start doing this.
It's akin to paying off your neighbour's debts because you have been led to believe your property will be taken to pay for the debt. In this case it just happens to be within a household.
Tricky really, if they just started lifting stuff i wonder what the legal standpoint would be to defend your property from them, after all castle doctrine is only defeated by a warrant to seize your stuff and if the warrant isnt for you then its not worth jack.
The thing is, due to them having little real power, they need to rely on deception to make people pay up rather than just start grabbing things willy nilly