writ of execution

[baseballmom97]

What is the name of your state (only U.S. law)? North Carolina

I was served with a Writ of Execution today 9/23/08. It was from a judgement ordered for non payment of a credit card...I did not realize it was a secured card. I had lost my job and got behind on my bills. My first question is can the attorney who was trying to collect the date still make calls to my home after the judgement has been ordered and the Sheriffs Dept. is trying to collect the date for them? Who can I try to negotiate with? The Sheriffs Dept. or the attorney on the execution? I missed the court date for the $10,000 personal property exemption. My father passed away and I completly forgot I had to leave the state for 3 weeks. Is there anyway to go back on that. They said they will levy my car that I owe 7500.00 on for a total debt including court costs of 1126.03 and said they will give the car back to the finance company and I will still owe the debt of 1126.03, then they will take my personal property. I have a husband (out of work with back injuries, no incurance) and 3 kids what can they take out of my home? Can they really take my car? If I could just pay it I would I am not in a position financially to do that at this time.
THanks for your help with this matter

 

[Antigone*]

What is the name of your state (only U.S. law)? North Carolina

I was served with a Writ of Execution today 9/23/08. It was from a judgement ordered for non payment of a credit card...I did not realize it was a secured card.

If this card was a secured card, they would have taken the collateral. This must be an unsecured card.

I had lost my job and got behind on my bills. My first question is can the attorney who was trying to collect the date still make calls to my home after the judgement has been ordered and the Sheriffs Dept. is trying to collect the date for them?

Yes he can call.

Who can I try to negotiate with? The Sheriffs Dept. or the attorney on the execution?

The attorney who is trying to call you

You should call the judgement creditor's attorney and try to negotiate a payment plan. Bear in mind that they really don't have to negotiate with you at all. That time has already passed.