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Default Judgment/Writ of Execution

Date: Fri, 01/25/2008 - 00:55

Submitted by anonymous
on Fri, 01/25/2008 - 00:55

Posts: 202330 Credits: [Donate]

Total Replies: 15


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


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.


lrhall41

Submitted by goudah2424 on Fri, 01/25/2008 - 08:54

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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.


lrhall41

Submitted by Law Student on Fri, 01/25/2008 - 20:08

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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


lrhall41

Submitted by on Sat, 01/26/2008 - 06:30

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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.


lrhall41

Submitted by on Sun, 01/27/2008 - 22:27

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I live in texas a writ was given to my mother on Saturday, nothing was signed for. I contacted the law office handling and they said they sent paperwork in 1999 and 2000, I have never been served, except divorce papers. The law office told me no one had to sign for it. Is it to late to go to court now, the statue is over. The law office said it is for 20 years until 2019. The date stamped on the writ for service is inaccurate 3 weeks earlier than it was put in my mailbox and handed to my mother. Help!!!


lrhall41

Submitted by on Tue, 08/25/2009 - 08:36

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Yes, this default judgment nonsense is completely unconstitutional - we are guaranteed a day in court. It happened to me. I was sued by loser illegal alien contractors who ruined my house and remodeling supplies, held it hostage and left a huge mess. I wasn't properly served and found out about the judgment a year and half after it happened. It has completely trashed my otherwise excellent credit preventing me from refinancing, getting a car loan, etc and the judge who knows that I wasn't served properly just says get a lawyer and the lawyer says I have no experience in this but give me $2000 and I'll try to get it overturned but no guarantees.

I am planning on contacting my state representative - this is outrageous!


lrhall41

Submitted by on Tue, 10/06/2009 - 19:04

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You may need to find a lawyer who has experiences in handling such cases. You may need to file a motion to vacate the judgment if you weren't served properly.

How did you find out about the judgment anyway? One and a half years time is quite a long period to come to know about it. Wasn't it appearing in your credit report before?


lrhall41

Submitted by SC on Tue, 10/06/2009 - 23:04

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What is your definition (or the proper definition) of being served properly in the state of Texas??? I was recently served by a "process server" who simply knocked on my door, asked if I was Jane Doe, I confirmed, he handed me the papers (citation) and left... No date was recorded, no signature was requested of me... so how do I know if I was "properly" served? How can they (the plaintiff) show proper documentation that I was even served, if I don't even have any proof?!?


lrhall41

Submitted by on Tue, 04/20/2010 - 15:10

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According to the Texas Rules of Civil Procedure 106, service is proper if the defendant is served at their home or place of business, if the summons and complaint are mailed to the defendant, or left with a person over the age of 16. Typically a process server must submit an affidavit to the court stating that he delivered the summons with at least the description of the person he/she spoke to. If you know your case number, you will be able to go to the court house and view your file. If there isn't an affidavit of service on file then you can file a motion to dismiss based on improper service. If there is an affidavit of service in the file then you have to prove that the person the process server said he served was not the person actually served.


lrhall41

Submitted by OVLG Attorney on Wed, 04/21/2010 - 07:42

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Ok I know someone who was served a post judgement to answer questions she is on fixedx income and, is scared to write down her banking acc info. If she lyed and didnt tell them about her bank could she go to jail for lying on the post judgement cause you have to have it notarized. she does not know what to do at tnhis point


lrhall41

Submitted by on Sat, 03/26/2011 - 21:33

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