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writ of execution

Date: Mon, 06/28/2010 - 13:55

Submitted by anonymous
on Mon, 06/28/2010 - 13:55

Posts: 202330 Credits: [Donate]

Total Replies: 1


Midland Funding LLC has issued a Writ of Execution for us on the same account that my husband is being garnished from a law firm. Another company (JC Christianson) appears to be trying to collect on the same debt as well. How can this be? Can the sheriff come and cease property when this credit debt is being collected already from someone else? Can we stop this writ from happening?


You need to send the other collection agency verification/validation letters in order to make them prove they have the right to collect on the debt. Make sure you send it either fax (and get a receipt) or certified mail so you have evidence to prove that you attempted to contact these people.
How did they get a writ of execution without taking you to court? Writs of execution can only be granted by court order as a result of a collection suit. With a writ of execution the sheriff can come and seize property. The only thing you can do to stop the writ of execution is to go into court (make sure you check for the affidavit of service in the case file) and appeal the judgment. I do recommend you get a lawyer to help you since appeals and getting judgments vacated is difficult, but if you win you can ask for your legal fees as part of your damages. Any decent collections attorney will help you with that since they'll want to get paid.


lrhall41

Submitted by OVLG Attorney on Mon, 06/28/2010 - 14:46

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