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Writ of Execution?

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seesaechao

Junior Member
What is the name of your state (only U.S. law)? Fairfield, CA

My dad just received a writ of execution from a sheriff office. Seems that a judgement was made against him in court for the Plaintiff. debt collector. for over $20,000. He just started living w/ me like 3 years ago and before that he lived w/ my brother because he's on SSI. He's never taken out a loan nor does he qualify for any loans of that amount since he's been on SSI and only gets $800 per month. He's never even received the court summons. In any case what's done is done and now there is a Writ of execution. He has no assets since he's been on SSI for 20 + years and the last 3 years he's been battling Cancer. He can barely speak English so I am trying to help him out w/ this problem. I've scheduled a consultation w/ a bankruptcy attorney in 3 days. Not sure what else to do. I've tried contacting other law firms but everyone of them wants to schedule an appointment 3 days from now and this Writ was received a week ago.

At this point is bankruptcy the only option? my dad is over 70 and has been on SSI disability so not sure what else to do. I just don't want the sheriff showing up and upsetting him further. What is the quickies way to resolve this?

Any Advice would be helpful.

Thanks!
 


adjusterjack

Senior Member
Writ of execution against what?

His SSI is exempt from judgment.

There is federal law requiring banks to protect it even when it gets into the bank account by direct deposit.

Here's how it works:

https://www.federalreserve.gov/bankinforeg/caletters/Attachment_CA_13-16_Garnishment_Rule_Examination_Procedures_final.pdf

You might not have to spend money on attorneys.
 

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