Debt Collections

[ameratsu21]

Don't be obtuse.

I think your being obtuse, your trying to start a fight and you want to be mean. If you have read any of my previous statements, you would have seen that I have paid this particular creditor over one thousand dollars already, that they aren't the only creditors and others have been willing to work with me so that I can pay them back. But even after paying these people with the only remain balance I have is 829 they bill me 829 + 9049 and go further in serving me with a writ of execution, that is assuming you read anything that I had posted. Also that I am trying to find a way to not file for bankruptcy so I can continue paying my debts also goes against your statement.
The fact that you wont substantiate your claim of me trying to not pay my bill further shows you are just trying to be mean.

 

[Just Blue]

I think your being obtuse, your trying to start a fight and you want to be mean. If you have read any of my previous statements, you would have seen that I have paid this particular creditor over one thousand dollars already, that they aren't the only creditors and others have been willing to work with me so that I can pay them back. But even after paying these people with the only remain balance I have is 829 they bill me 829 + 9049 and go further in serving me with a writ of execution, that is assuming you read anything that I had posted. Also that I am trying to find a way to not file for bankruptcy so I can continue paying my debts also goes against your statement.
The fact that you wont substantiate your claim of me trying to not pay my bill further shows you are just trying to be mean.

Why don't you pull out hubbys wallet and hire an attorney to settle this matter for ya...That way you don't have to deal with the free "mean" people!!

 

[ameratsu21]

Why don't you pull out hubbys wallet and hire an attorney to settle this matter for ya...That way you don't have to deal with the free "mean" people!!

lmao, you really haven't read anything. lol

 

[Just Blue]

lmao, you really haven't read anything. lol

I, lmao, did!!

Just think you are a selfserving mooch and need to pay for your legal assistance. IMO.

 

[ameratsu21]

I, lmao, did!!

Just think you are a selfserving mooch and need to pay for your legal assistance. IMO.

interesting cause I am, so you didn't read. you should really stop making a fool of yourself. and for a person who thinks that way, why are you a member of this site except to harass people just looking for advice?

 

[ameratsu21]

But, do you see how complicated this would all become for the creditor trying to make any money by getting and selling it at auction? This is why it is so rarely ever done. It's a huge headache for everyone involved, and at the end of the day all they get for auctioned used personal property would be peanuts.



Now, this is from Arizona law, and this is why I like tell people that the less you speak to a debt collector, and the less information you give them, the better...

QUOTE: "The Sheriff or Constable has no right of entry into a person’s home and cannot search the individual when serving a Writ of Execution. If you can provide information on nonexempt personal property owned and its location, the results will be more effective."

http://courts.yavapai.us/prescottjc/files/2012/02/Enforce-Judgment.pdf

Who is the lawyer working for?
The lawyer is one that my family had used for many things. I didn't know who else to call. He works in the county court house. He said he wasn't familiar with this type of stuff, and that he needed the Notice of Exemptions before we would be able to do anything.

What do you mean about the "Notice of Exemptions"?
It was on the writ of EXECUTION ,"FURTHER, you are directed to serve a copy of the attached, NOTICE OF EXEMPTIONS form upon the debtor." I didn't receive it with the execution, I asked the attorney about it and he said that it should be a large packet with a lot of paper work. I called the police station and they said it was their standard of practice to serve the writ of execution, then if the debt wasn't settled in two weeks they would serve me the notice of exemptions. But when I was served the writ of execution the officer told me that if I didn't settle the debt in two weeks, they would come back and would seize any property to cover the debt and if they needed to go further they would garnish my wages. So I'm confused as to who I should believe.

If you haven't already spoken to a bankruptcy attorney about chapter 7 bankruptcy, it sounds like a very good time to talk to one about it and see what your options are.
Yes I did talk to my attorney about bankruptcy and he said if I was able to somehow get one thousand we could try to settle (I'm trying to get a loan through a family member), if they wouldn't settle for that we could file for chapter 7 and that would freeze all my assets and then no one would get anything. I am also talking with consumer credit counseling service about having them file. But as far as I understand it's a wait as see session if I can get the money, and if the creditor will settle.

Who is telling you they are going to seize your personal belongings, your personal property?
It was the deputy and he had one other officer with him who told me that I had two weeks to settle or they would take my property, and garnish my wages.

Thanks for the info at least I know where to get started with the land owner and the other tenant, but it looks like since they already have served me the writ of execution they can just come and take stuff, if I am understanding that correctly.

 

[quincy]

... he needed the Notice of Exemptions before we would be able to do anything. ...

... I didn't receive it with the execution, I asked the attorney about it and he said that it should be a large packet with a lot of paper work. I called the police station and they said it was their standard of practice to serve the writ of execution, then if the debt wasn't settled in two weeks they would serve me the notice of exemptions. ...

... It was the deputy and he had one other officer with him who told me that I had two weeks to settle or they would take my property, and garnish my wages. ...

... it looks like since they already have served me the writ of execution they can just come and take stuff, if I am understanding that correctly.

ameratsu21, here is a link to the Nebraska statute that relates to the writ of execution:

http://nebraskalegislature.gov/laws/statutes.php?statute=25-1516

You should have received the notice of exemptions form with the writ, with a listing of what is considered exempt property, and you are then given time to request a hearing on the exemptions (within 20 days of receiving the notice). I would not trust what the deputy told you.

In other words, please read through the information provided in the link, including the "annotations" at the bottom, and then consult with your attorney.

 

[Jeran]

ameratsu21, here is a link to the Nebraska statute that relates to the writ of execution:

http://nebraskalegislature.gov/laws/statutes.php?statute=25-1516

You should have received the notice of exemptions form with the writ, with a listing of what is considered exempt property, and you are then given time to request a hearing on the exemptions (within 20 days of receiving the notice). I would not trust what the deputy told you.

In other words, please read through the information provided in the link, including the "annotations" at the bottom, and then consult with your attorney.

I wouldn't trust him either.

 

[Ohiogal]

I wouldn't trust the attorney who works at the county courthouse being able to practice in federal court.

 

[ameratsu21]

Folow Up

I am posting this follow up in case anyone else has this problem or a similar one.

After some follow up with my attorney, the reason the sheriff gives the writ of Execution without the Notice of Exemption is because once you get the Notice of Exemptions it starts a 20 day "timer" to get all your assets in order and/or debt paid off. So in other words they are trying to give you a longer period of time to be able to pay your debt. The police station told me the same thing when I questioned them about it.

Also pay attention to clerical errors in my case:
Balance on Judgement: $829.92
Post-Judgement Interest: $9049.00 <---------Clerical error was suppose to be $9.49
Cost and Pre-Judgement Interest: $48.96
Total Amount: 9927.88

You have to take your writ of execution and have the court clerk issue another execution, they then have to contact the police station and thankfully I live in a small town so they let me take all the documents myself to the station and turn them over to the clerk there. Where I payed the clerk and received a receipt. But the county clerk had to get permission from the sheriff to issue another corrected writ of execution and had to communicate what was going on to the clerk at the police station as to what the issue was. The clerical error was discovered by my attorney from a praecipe that had been made up before the writ of execution that I had never received a copy of.

It is very important that you get a corrected writ of execution to the sheriff otherwise even if you have paid your debt in full, they may still show up at your door with a paper that tells them they need to collect ten thousand dollars and you don't really have proof to repudiate it other then you made a partial payment.

Thanks to everyone who gave me links to all the legal stuff, I really appreciate your time.

 

[Jeran]

I am posting this follow up in case anyone else has this problem or a similar one.

After some follow up with my attorney, the reason the sheriff gives the writ of Execution without the Notice of Exemption is because once you get the Notice of Exemptions it starts a 20 day "timer" to get all your assets in order and/or debt paid off. So in other words they are trying to give you a longer period of time to be able to pay your debt. The police station told me the same thing when I questioned them about it.

Also pay attention to clerical errors in my case:
Balance on Judgement: $829.92
Post-Judgement Interest: $9049.00 <---------Clerical error was suppose to be $9.49 What a HUGE profit that would have been for them!
Cost and Pre-Judgement Interest: $48.96
Total Amount: 9927.88

You have to take your writ of execution and have the court clerk issue another execution, they then have to contact the police station and thankfully I live in a small town so they let me take all the documents myself to the station and turn them over to the clerk there. Where I payed the clerk and received a receipt. But the county clerk had to get permission from the sheriff to issue another corrected writ of execution and had to communicate what was going on to the clerk at the police station as to what the issue was. The clerical error was discovered by my attorney from a praecipe that had been made up before the writ of execution that I had never received a copy of.

It is very important that you get a corrected writ of execution to the sheriff otherwise even if you have paid your debt in full, they may still show up at your door with a paper that tells them they need to collect ten thousand dollars and you don't really have proof to repudiate it other then you made a partial payment.

Thanks to everyone who gave me links to all the legal stuff, I really appreciate your time.

You're welcome, and thank you for letting us know about this. That was very interesting.