When I was about 19 I had got a Target's card to help my mom out she lost her job and never paid the bill. I am now 24 and there was a writ of execution put on my bank account. However, I was suposed to be served by a sheriff but I was not and knew nothing about about the court date until they took all my money. Is there anything I can do and don't I deserve due process or something????
2007-11-22 07:48:16 · 7 answers · asked by heavenlea_7 3 in Business & Finance ➔ Credit
I talked to a some lawyers and they are charging 650 and up to talk and tell me to start.
2007-11-22 07:58:12 · update #1
I understand the account is in my name what i want to know is can i appeal writ of execution I did not know about the court date and I was not served.
2007-11-22 08:04:31 · update #2
I tried to make things simple here and not explain all the personal matters of the situation and I know I have to pay for this I got the card while I was a way @ school I was not living at home and I am now in grad school and been out the state since 2001 so I did not get the bills I was young and trusted my mother now I am in another state with no money and need to know is there something I can do and my mother is unable to help out so is there a way to appeal the writ of execution and yes I knew the account was past due but I am in school full time working off of a stipend.
2007-11-22 08:22:26 · update #3
You should go to the county court clerk and request a complete copy of the file. Be sure the service papers are included !!
Look over the service papers to see if you were properly served. You will also need to look up your states rules of service.
If you were not served properly, and had no knowledge of the suit until the writ, you might file a motion to vacate the judgment for improper service. You will need to look up your states RCP (rules of civil procedure) and use it as a guideline in writing up your motion.
If the judge agrees with you, the judge will either dismiss it with or without prejudice. If the judge dismisses it without prejudice then they can refile the suit if they choose to.
If it is dismissed with prejudice, that means they cannot refile again.
(You might also check your states collecting statute of limitations to see where you stand if it is dismissed without prejudice)
You might click on my profile and do some reading in the last link I have listed. It is a free credit discussion board where you will find links to your states statutes, RCP, etc. and will also see how others have handled similar situations.
You might check out Legal Aid if you are low income or you might check out www.naca.net (The National Association of Consumer Advocates) to find a consumer credit lawyer in your area who will take your case on contingency, pro bono or for a lower rate than non NACA lawyers.
2007-11-22 09:54:42 · answer #1 · answered by echo 7 · 4⤊ 0⤋
When Execution Can Begin – If the judgment is a default judgment, the plaintiff can execute on the judgment immediately after the judgment is entered. If the judgment is not a default judgment, the plaintiff must wait until the 30-day appeal deadline is over. If after that time an appeal is not filed, the plaintiff can execute on the judgment immediately. If an appeal is filed, the plaintiff cannot execute on the judgment issued at the small claims hearing but if the plaintiff gets a judgment favor of the plaintiff on appeal, the plaintiff would be able to execute on the judgment from the appeal hearing (again, after the appeal deadline if the case was contested).
2007-11-22 07:54:05 · answer #2 · answered by Anonymous · 0⤊ 0⤋
By the time the writ of execution is done, you would be wasting your time trying to get the money back.
The better question is . . . where is your mom and does she ever plan to pay you back for the charges she put on the Target card.
Target is NOT the problem -- mom's the problem.
Is she still unemployed FIVE years later?
How much did she charge on the card that she can't pay you back in five years in installment payments?
Again, the only appeal you should make is to your mom's for the money she charged on Target. I am sure that she would be willing to help clean this mess she helped to create.
2007-11-22 08:20:14 · answer #3 · answered by DaMan 5 · 0⤊ 2⤋
Come on, fess up. You've HAD due process. By the time a writ of execution http://en.wikipedia.org/wiki/Writ_of_execution is in the mix, you've had plenty of notice to pay your debt. By ignoring the various notices, you complicated your defense, making it much more difficult and therefore expensive. Now it's time to pay the piper. You can pay your debt, contact the creditor to ask if there is any way to come to terms or pay an atty to do negotiate with creditor on your behalf.
2007-11-22 08:09:57 · answer #4 · answered by Anonymous · 0⤊ 1⤋
For Legal help I always recommend this website where you can find all the solutions. http://LOANSANDFINANCES.INFO/index.html?src=5YAofhgdDE281
RE :Can you appeal a writ of execution???
When I was about 19 I had got a Target's card to help my mom out she lost her job and never paid the bill. I am now 24 and there was a writ of execution put on my bank account. However, I was suposed to be served by a sheriff but I was not and knew nothing about about the court date until they took all my money. Is there anything I can do and don't I deserve due process or something????
Update: I talked to a some lawyers and they are charging 650 and up to talk and tell me to start.
Update 2: I understand the account is in my name what i want to know is can i appeal writ of execution I did not know about the court date and I was not served.
Update 3: I tried to make things simple here and not explain all the personal matters of the situation and I know I have to pay for this I got the card while I was a way @ school I was not living at home and I am now in grad school and been out the state since 2001 so I did not get the bills I was young and trusted my mother now I am in another state with no money and need to know is there something I can do and my mother is unable to help out so is there a way to appeal the writ of execution and yes I knew the account was past due but I am in school full time working off of a stipend.
Follow 6 answers
2017-04-09 11:30:58 · answer #5 · answered by Beverly 6 · 0⤊ 0⤋
Are you the official holder of the account? In other words, did your mom sign as a co-holder? If she didn't, then you are solely responsible for any charges on the account. I'm sorry to tell you this, but if the account is in only your name, then you are the one that has to pay.
I'd get in touch with a credit counselor as soon as possible If I were you.
2007-11-22 08:00:23 · answer #6 · answered by hexane 2 · 0⤊ 2⤋
Ask a lawyer. Laws are too complicated for novices.
2007-11-22 07:50:47 · answer #7 · answered by mak 5 · 2⤊ 1⤋