Sheriff not doing his job

[jdcamh]

I live in West Virginia and last December I had to take someone to court to get money from them for using my telephone illegally for making calls to England totaling $1,000.00. The courts placed judgement against them and put them on a payment plan until I received all the money. Very little of that debt has been paid to me so I placed a levi on their vehicle and the sheriff has had this vehicle in his possession for three weeks and has not advertised it for auction. Instead the sherif has turned it over to the Prosecutor to investigate because there were two names on the title and it read "or" not "and". Now I am being told that when the vehicle is auctioned that the co-name will receive half of the selling price before I will get my money and that is not what I was told when all this started. I hope you can help, this is a mess and I don't know what else to do.

 

[Tracey]

If the title says 'or', both are full owners able to convey title. If it says 'and', both own 1/2 & both signatures are needed for sale. What do the levy statutes say? If all they say is that the sheriff sells the car & deducts storage/sale costs & gives you the rest, the sheriff may not have authority to give 1/2 the money to the other person. Have your attorney write the sheriff telling him to pay you all the money unless the other owner gets a court order to the contrary. When you get the money, put 1/2 in a savings account to see if the other owner comes after it. You could also apply for a writ of mandamus ordering the sheriff to give you all the money.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[jdcamh]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
If the title says 'or', both are full owners able to convey title. If it says 'and', both own 1/2 & both signatures are needed for sale. What do the levy statutes say? If all they say is that the sheriff sells the car & deducts storage/sale costs & gives you the rest, the sheriff may not have authority to give 1/2 the money to the other person. Have your attorney write the sheriff telling him to pay you all the money unless the other owner gets a court order to the contrary. When you get the money, put 1/2 in a savings account to see if the other owner comes after it. You could also apply for a writ of mandamus ordering the sheriff to give you all the money.

<HR></BLOCKQUOTE>
What I was told by the Magistrate Clerks office where the levy was intitiated was that this girl would have 30 days to pay in full the amount owed to the sheriff once she was served. If payment wasn't received then the sheriff would seize her vehicle for auction but it would have to be advertized for two weeks first before that would happen. Once sold I would get my money. I need to know who I see to file a writ of mandamus. Right now this matter is over the deadline by 30 days. At this time I do not have an attorney as I am not finacially able, I have been taking care of this matter on my own. Thanks so far for what information you have given me.

 

[Tracey]

Go to the law library & ask the librarian to help you find the appropriate forms & court rules for a writ of mandamus. You serve the sheriff & he has to go to court to explain why he hasn't met the deadline. You might try talking with the prosecuting attorney first. (Probably the civil section PA.) If the court issues a writ, the sheriff will have to pay your court costs, so it would save the county money if the PA just called over & told deputy dawg to get moving. Be polite but firm with the PA.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[jdcamh]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Go to the law library & ask the librarian to help you find the appropriate forms & court rules for a writ of mandamus. You serve the sheriff & he has to go to court to explain why he hasn't met the deadline. You might try talking with the prosecuting attorney first. (Probably the civil section PA.) If the court issues a writ, the sheriff will have to pay your court costs, so it would save the county money if the PA just called over & told deputy dawg to get moving. Be polite but firm with the PA.

<HR></BLOCKQUOTE>
Thanks you for all the suggestions you have given me but I have run into another roadblock. I went to seek advice from a local lawyer today and he wasn't helpful at all, wanted $5,000 before he would do anything for me and this was to be a free consultation. This county involved only has one PA and I have spoken with him, nicely, and have gotten no where. I have also spoken with the Circuit Clerk's office about filing the Writ of Mandamus and they tell me that I can not file this with their office because this matter has been handled intirely in Magistrate Court, which is now out of their hands. I am beginning to feel that the Sheriff and the PA are going to make sure I don't get all that is mine and there seems to be nothing I can do about. Everyone I have spoken with either can't help or won't.