writ of execution...PLEASE HELP!!!!

[1crazygal]

What is the name of your state? NC
In December, I received a letter from a lawyer to exempt property for a judgment that has been put against me. I didn't know about the judgment because the court or whoever informs us, never sent anything to me. I never knew that I was being sued. After the court hearing (if there was one) I was not informed of the amount or what I needed to do about the judgment. During this time, I did receive a couple letters from a collection agency that supposedly has this judgment against me.
Then, two days ago, I received an "order of execution of judgment" from the local sheriffs dept.
I don't know what to do or even how to satisfy the debt. I don't work, I don't have a single vehicle in my name since 97. I am a co-borrower on our home. Can they take my home or anything belonging to my husband? I'm the only name listed on this judgment.
Would it be better for me to file bankruptcy or is it too late for that?

 

[seniorjudge]

You should check with a bankruptcy attorney on your bankruptcy questions.

You certainly knew that you had not paid these bills; why were you surprised at a judgment?

Explain all this a little more clearly.

 

[1crazygal]

I'm not surprised that they want their money. I'm surpised that I was supposedly sued in court and a judgment was placed against me, without my knowledge of any of this. Now, I don't know how to handle this. Is this something I can handle on my own?
Before, when I dealt with the collection agency, they wanted a few monthly payments that were way too much for me to handle. Now this is what it's come to.
Thanks for the help.

 

[seniorjudge]

I'm not surprised that they want their money. I'm surpised that I was supposedly sued in court and a judgment was placed against me, without my knowledge of any of this. Now, I don't know how to handle this. Is this something I can handle on my own?
Before, when I dealt with the collection agency, they wanted a few monthly payments that were way too much for me to handle. Now this is what it's come to.
Thanks for the help.

The only solution to this problem is money (paid to the creditor) or bankruptcy.

 

[hbreen]

Your other option, depending on your state, is to look at requesting to have the judgment vacated because you were not served. It's no guarantee, but it is something to look into.

There is a slight chance that this is bogus, so be sure to check with your local courthouse for the specs on the case. Some collection agencies work on the fringe just outside the law and this may be a scare tactic.

In the meantime, look at your state statutes for expempt property to ensure that they do not try to seize property that is exempt. Sometimes the Sheriff's department will not have all the facts on what can or can not be seized.

Also, first and foremost, make sure you work with the original creditor to get this debt taken care of so you don't have to worry about this again.

HBreen

 

[I AM ALWAYS LIABLE]

What is the name of your state? NC
In December, I received a letter from a lawyer to exempt property for a judgment that has been put against me. I didn't know about the judgment because the court or whoever informs us, never sent anything to me. I never knew that I was being sued. After the court hearing (if there was one) I was not informed of the amount or what I needed to do about the judgment. During this time, I did receive a couple letters from a collection agency that supposedly has this judgment against me.
Then, two days ago, I received an "order of execution of judgment" from the local sheriffs dept.
I don't know what to do or even how to satisfy the debt. I don't work, I don't have a single vehicle in my name since 97. I am a co-borrower on our home. Can they take my home or anything belonging to my husband? I'm the only name listed on this judgment.
Would it be better for me to file bankruptcy or is it too late for that?

My response:

Did you move residences between 1997 and 2004?

IAAL

 

[mysticspirit25]

what? there are several remedies

File for Bankruptcy? Pay a default judgment you werent served? That is the most ridiculous thing I have ever heard. First of all, if they do have a judgment, you need to go to the courthouse and see how they "served" you, if they didnt use private process or sheriff, or if they elected to use US mail, it has to be sent Certified-Restricted delvier, show to whom, when and where it was served, if it was served to an old address or a county/jurisdiction you did not live in at the time, then you have the absolute right to file a "motion to vacate" the judgment. I am not an attorney, but I specialize in consumer protection and deal with the courts all the time. I am PRO-CONSUMER and use the courts regularlly to enforce the FDCPA and FCRA as well as the rules of civil procedure.

If you want real help in getting this judgment vacated, PM me and I will direct you where to go. There is no need to file BK or pay.

 

[seniorjudge]

Q: if it was served to an old address or a county/jurisdiction you did not live in at the time, then you have the absolute right to file a "motion to vacate" the judgment. I am not an attorney...

A: So don't try to give legal advice since what you told him was wrong.

 

[MamaLuna]

Q: if it was served to an old address or a county/jurisdiction you did not live in at the time, then you have the absolute right to file a "motion to vacate" the judgment. I am not an attorney...

A: So don't try to give legal advice since what you told him was wrong.

Why is mystic wrong? Doesn't the FRCP Rule 60 apply....wouldn't judgment be void due to defendant never being served? I ask because the judge will be deciding my Motion on Tuesday. I was never served and I have material fact to argue my case.

 

[I AM ALWAYS LIABLE]

My response:

You know, I asked a question. It was a cogent, legal question. I asked the writer if she moved between 1997 and 2004. If she did, she was served the Summons by publication. That's undoubtedly the reason why she didn't know she was "served". She just didn't see the publication.

All of you missed this possibility.

IAAL

 

[seniorjudge]

Why is mystic wrong? Doesn't the FRCP Rule 60 apply....wouldn't judgment be void due to defendant never being served? I ask because the judge will be deciding my Motion on Tuesday. I was never served and I have material fact to argue my case.

This is not a federal case and IAAL answered your question.

 

[seniorjudge]

All of you missed this possibility.

IAAL

I was getting to that.

I wanted her to put her foot in the trap before I sprung it!