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HELP! Just got served with a Writ of Execution for a sherriffs sale on my vehicle. The amount owed is $314.00 plus court costs. Here are my questions,
1. What is this $300.00 exemption? The 1997 Dodge Ram is all he owns that can be taken to be sold. Since it is his source of income, can we claim this exemption?
2. Regarding the court fees, I know an informa pauperis would make him exempt from fees, could it work for being charged for them?

Anything you could tell me would be greatly appreciated. This was a mechanics shop that installed a brand new motor in the Ram to the tune of $3,600 with a 30 day warranty that he would not honor, so we did not pay the last $314.00. We are getting screwed here royally folks, got to reduce this owed amount as much as possible. TELL ME ANYTHING, SUGGESTIONS WELCOMED.

2007-10-28 07:03:15 · 1 answers · asked by Anonymous in Politics & Government Law & Ethics

1 answers

You're leaving out several steps.

For the writ of execution (the sale) to happen -- there must have been a court case where the shop obtained a judgment against you -- that was your opportunity to defend yourself by claiming the breach of warranty.

Now -- you have to fight against that judgment when attacking the writ and sale -- and to do that, you need to go back to court and file a Petition to Quash the Writ.

Consult an attorney in your area -- as the procedural complexities of the case are usually more than a non-trained person can navigate.

2007-10-29 13:27:51 · answer #1 · answered by coragryph 7 · 0 0

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