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Guest · Posted: Fri Jan 25, 2008 1:55 am Subject: Default Judgment/Writ of Execution

also does anyone know what exactly happens when a writ of execution (have a default judgment against me-in other posts), the steps and what the debtor should expect if the sheriff or constable shows up, not with a summons, etc. but to actually "execute" the writ?

do they come in and look at your things? can't seem to find out anything on the web. i am in texas and already know the list of exemptions, and have asked this here before but never really got an answer so thought i would ask if anyone had any knowledge of this process.

how does the junk collectors find out things about you and your assets/bank accts. that are not public record? can they take things like your personal computer?
anyone know about this?
thanks

sugahplm · Posted: Fri Jan 25, 2008 8:47 am Subject: Default Judgment/Writ of Execution

umm that's me above...don't know why my name didn't appear sorry all

Posted: Fri Jan 25, 2008 9:54 am Subject:

What will normally happen is you will be issued a court date, and the creditor will show up and quiz you on yoru assets. If you lie or leave something out you can get into trouble. They then will decide what can be seized to repay the debt.

Or - They will just go ahead and garnish your wages, or attach your bank account. Those two items the creditor only has to apply with the court to do. You don't get notified ahead of time with a bank levy, but with garnishments you do get notified before it happens.

Posted: Fri Jan 25, 2008 1:46 pm Subject:

They can't garnish wages unless it is federal or child support...Texas has a 100% exemption. Smile

That is the good news.

Did you get served properly? If you did not get served properly you might be able to get the judgement overturned.

Posted: Fri Jan 25, 2008 9:08 pm Subject:

Gouda is right. Generally they would start possibly, post judgment depostions or discovery to find out your assets. As to bank accounts, etc., there are many professional services which do asset searches. I doubt they would want your PC. What they want is cash. Junk debt buyers operate a slash and burn for quick cash. They don't want to be held up trying to auction other assets.

sugahplm · Posted: Sat Jan 26, 2008 7:30 am Subject: Judgement and Texas

no goldenblast wasn't served at all but can do nothing about it. this is a big mess and time alloted to appeal is way gone and can't afford a lawyer to appeal so i am stuck with it. this is for orig debt of around 500 and got blown up to 1100.
see if y'all agree....what i am finding is that a single person gets a $30k worth of exemptions in texas that would cover household etc. i don't have any assets...my home is the only asset and it already has a homestead exmp. so as far as i can tell its safe. i have nothing and thats the truth. just live week to week like most. just bank acct to pay bills and i am not using that anymore now.
so you're saying the worse that could happen is i get supposedly (does the court summon me?) summoned to court to testify about what i owe? this was done not in small claims but in judiciary court and i don't think they have hearings, etc. wouldn't they have to go through the same lower court then to do all this? thanks

Posted: Sun Jan 27, 2008 2:04 am Subject:

If you weren't served properly you should be able to get that judgement overturned...I am not sure exactly how it works, ask the court about it.

Guest · Posted: Sun Jan 27, 2008 11:27 pm Subject:

as far as i can tell it is an appeal process. since i did not get served-the court took the word that palisades "hired" their own server who lied and said they served me. i did not even know about this court date or default judgment until i received the papers from the court too late to appeal/get things together.
yes i did ask court as per above.

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