What is a legal writ?

Question

I am being sued by a credit card company for an old debt. I was served papers to appear in civil court, and I have been advised to have "writ" turned into the court. The court would not tell me what needed to be included in a writ. What is a writ and what should be included in it?

Okay, I'm NOT consulting an attorney, since the debt is only about $1500 plus court fees. I'm disputing the debt becasue the credit protection service I paid for scrwered me over. long story, but i'm taking my chances in court on my own..i just want to know what the hell a writ is.

Okay, finally I'm in Texas, so the worst they can do is put a judgement on my credit, they can't garnish my wages or put me in jail.

Answer 1

I'm GUESSING it's a writ of garnishment. If it is, you only have 20 days to answer in my state. That Writ must have a name. What is it? If you don't answer, and it's garnishment, they can take a portion of your paycheck or bank accounts. It could be a Writ of Execution. If it is, they can take your property, both real estate and personal. However, you can file a claim of exemption and protect some of your property. The claims of exemption differ from state to state. If you can't afford an attorney, call your state bar office and see if they can get you pro bone (free) help. My state bar has such a service.

Answer 2

A writ is something that the court issues -- it's an order by the court regarding something. Such as a writ of mandamus (ordering some behavior) or a writ of certiorari (accepting a case to be heard on appeal).

What you are probably being asked for is a petition for a write -- that's a legal motion that describes what you are asking for, and what case law or statutes supports your claim.

If you are determined to do this yourself, you need to go to a law library and start researching the legal issues and precedents that support your claim.

Answer 3

If you don't know you should hire a lawyer to assist you. Go unprepared and you WILL lose.