[Bad Hair Day] Tara started a new hair salon and leased space for the salon from Marisa. Unfortunately, Tara's styling caused some problems for customers. One customer's hair turned green from Tara's bleaching process, and Tara burned another customer with a curling iron. Not surprisingly, Tara had little business and was unable to pay her lease payments as they came due. Marisa filed a lawsuit against Tara and obtained a judgment against Tara for $7,000 in past due rent. Marisa asked for a court-ordered judgment permitting the sheriff to seize and sell Tara's equipment, including her hair-dryers, pedicure chair, nail polish, and other items. The judge refused her request. Marisa did, however, obtain an order allowing her to seize $3,000 held in Tara's bank account to partially satisfy
the debt. Marisa also discovered that Tara had, for her personal use, a wide-screen television set worth approximately $1,000 which was being held by Franklin, a television repairer, for the costs of repair. Marisa asked him to turn over the television because her lien had priority, but Franklin refused.Which of the following is the most likely reason for the judge's refusal to allow the sheriff to seize Tara's equipment?
A. It was not listed as assets in the original complaint filed with the court.
B. Marisa had a duty to exhaust all other avenues of recovery before seizing those items.
C. It would have been worth more than that owed to Marisa.
D. She incorrectly asked the sheriff to involve law enforcement and should have seized the goods herself.
E. It was exempt as tools and instruments needed to carry on a trade.
Answer: E
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