i missed my court date due to not getting my mail after moving .i didn't even remember i owed this money to this creditor. went to court to place a "STAY"and order to show cause. i have a court date in 3 weeks and the creditor still put a levy on my home after the court order.. i live in a co-op and the laws of the co-op say ,,they can force me to sell my apartment. what should i do?
2007-12-03 09:14:13 · 3 answers · asked by fitboyfitboyfitboy 3 in Politics & Government ➔ Law & Ethics
this is for i $1000 debt,the balloned into $3000. i want a chance to settle or fight this
2007-12-03 09:16:42 · update #1
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2007-12-03 09:18:13 · answer #1 · answered by The_Doc_Man 7 · 0⤊ 2⤋
You need an attorney. It's irrelevant that you forgot about the debt or that you didn't get your mail, and I'm not sure what kind of stay you could get as a result, but unless you filed for bankruptcy and therefore stopped all litigation, then they can still put a levy on your home.
It also might be too late to fight it in court. If they have a levy on your home already, then that probably means they have already gotten a judgment against you when you didn't come to court the first time (another missed mail drop?). You need to consult with a lawyer as soon as possible.
2007-12-03 09:21:24 · answer #2 · answered by Hillary 6 · 0⤊ 0⤋
Well, a stay order won't prevent a creditor from levying against property, it will only prevent the execution of the levy. By levying, the creditor is only protecting its right to be repaid, and putting itself in front of other creditors. This they have a right to do.
Your coop can't force you to in the current situation. They would have to do a lot in order to make you sell.
You would generally have a homestead exemption on your coop, but since you no longer live there (you said you moved), it might be gone. Probly need to check that out. It will affect the levy & execution.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-03 09:22:31 · answer #3 · answered by scottclear 6 · 0⤊ 0⤋