Wrongful Writ of Execution... what to do?
Date: Fri, 09/02/2011 - 02:56
Is this serious? Can they go into our bank accounts without her SSN? Can they damage her credit without her SSN? I'm boiling right now and imagining all sorts of worse case scenarios. I need someone to tell me either my fears are correct and that I should get a lawyer, or to ease my worries and tell me this is nothing since they have no SSN.
What do you guys think we should do? Please advise, your advice is greatly appreciated.
I think you should inform to the bank regarding this matter so t
I think you should inform to the bank regarding this matter so that nothing worse can happen with your wife in future. You can also consult with an experienced attorney. I hope he/she will help you in this issue.
Contact the court ASAP. And the attorney handling the garnishme
Contact the court ASAP. And the attorney handling the garnishment.
Who do you ask for when you contact the court? Also in regards
Who do you ask for when you contact the court?
Also in regards to contacting the plantiff's attorney, is it safe? For the most part, are these lawyers just making an honest mistake because of sloppiness? Are most of them nice and accommodating if they find out they got the wrong person? Or, are their dishonest ones who know exactly what they're doing, sort of like "working" the system. In that case, I would be afraid to say too much and give them more ammunition in their scam. Am I paranoid? Because truly, it would be ideal if I can just call that attorney and tell them they're wrong. But since they got the writ of execution already, would they even care?
Check your local court dockets...what your wife actually sued?
Check your local court dockets...what your wife actually sued? Received a summons? Respond to it?
If none of this happened, you need to talk to the clerk of the court and the attorney on record. Pull a copy of your credit report too.
A writ of execution is a court order granted to the prevailing p
A writ of execution is a court order granted to the prevailing plaintiff that permits them to take action to secure assets of the judgment debtor.
So it requires two things, both are which are governed by the court, and not the prevailing plaintiff. It first, obviously, requires that a legal judgment as to the debt was obtained, and second, either as part of that judgment, or at a later time, the prevailing plaintiff asked the court to permit them to secure your assets through grant of a writ for actual execution of the judgment.
Do you have legal substantiation of both the judgment and the issuance by the court of a writ for and terms of its execution? Those documents are available at the office of the clerk of the court. The prevailing plaintiff does not issue their own writ, and has no authority to exercise the seizure or attachment of any property or assets unless ordered by the court (except for a few special cases, such as government agencies, who have specific seizure rights under separate statute)
Go to the office of the clerk of the court where the legal proceedings were conducted, and get the legal supporting documents.