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Old 07-12-2006, 11:46 AM
Junior Member
 
Join Date: Jul 2006
Posts: 1

Fieri Facias - Old CC Debt


What is the name of your state? Virginia

Hello,

Recently I received a Writ of Fieri Facias for a $500 credit card which due to company practices and my being out of work balooned to $2600.

I do not own much and am wondering what I can do to protect the little that I do. The sheriff was very kind and allowed me time to try to work out payment arrangements, however they can execute the writ and auction my things.

What can be taken and sold and how does the inventory process work ?
Will the sheriff's office need to rummage through my house (renting) and roommates belongings or can I simply point out the items that belong to me?

Finally, it has been well over 5 years since I have paid any money to this company. They got a judgement anyway while I was away from home for a few months. Can the judgement be voided (SOL issues ?)

Thanks for any help.
  #2  
Old 07-12-2006, 08:03 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
You might be able to appeal the judgment, but you're going to have to present new facts that would have changed the outcome had you gone to court when it all happened.

The Sheriff can't take any exempt assets if you file your EXEMPTIONS with the court. If you haven't done so, call the court clerk ASAP and get them filed !!! Chances are pretty good the Sheriff won't be able to take a thing from you.

The exemptions should have been listed on the papers with the writ.

The exemptions are here:
[url]http://www.bankruptcyaction.com/vaexemptions.htm[/url]

They apply to judmgents and bankruptcy.
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