Short answer. No. The sheriff may sell only enough of your property to cover the judgment and the lawful fees. Where you own more than is needed, the Rules require him to stop at a sufficient portion, and anything collected beyond the judgment and fees is delivered back to you.

What the law says

The sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon.

Rule 39, Section 9 — Execution of judgments for money, how enforced. Read the full provision →

What the law says

The excess, if any, shall be delivered to the judgment obligor

Rule 39, Section 9 — Execution of judgments for money, how enforced. Read the full provision →

Sufficiency is the limit written into the rule

Section 9 states the restraint twice, which is a fair signal of how central it is. The sheriff shall sell only a sufficient portion of the personal or real property levied upon. And where there is more property than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees. The measure is not what is convenient to sell, nor what is easiest to find a buyer for. It is the amount of the judgment plus the lawful fees, and the officer's authority runs out at that figure.

Any excess comes back to you

The provision also disposes of a surplus. After the judgment obligee is paid in satisfaction of the judgment, the excess, if any, is delivered to the judgment obligor, while the lawful fees are retained by the clerk of court for disposition as provided by law. So an over-collection is not something the winning party keeps as a windfall, and it is not absorbed as an additional cost of execution. Reading that alongside the sufficiency limit, the design of the section is plainly that execution satisfies a judgment and stops, rather than stripping a debtor of whatever the officer happens to reach.

The same cap applies to garnishment

The limit is not confined to levy and auction. Where collection proceeds by garnishment of debts and credits held by third parties, Section 9 provides that the garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. A bank or other garnishee served with notice is therefore not being asked to surrender an entire balance regardless of size. It is being asked to answer for an amount measured by the judgment. The garnishee's five-day written report to the court exists partly so the court can see what is actually held against that measure.

Your option to choose comes first

Before any of this arises, the judgment obligor is given the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. Exercising that option is the most direct way to keep execution away from an asset you cannot afford to lose, and it is a choice the Rules put in your hands rather than the officer's. If you do not exercise it, the sheriff levies first on personal property and turns to real property only if the personal property is insufficient. Raise the point at the time of levy, not after the sale.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.