? on judgments and writs of execution
Date: Sun, 12/17/2006 - 07:16
I have a court date set for this Thursday at my local magistrate for an old Sears account bought by LNVN.
Ihave already been there 2 times for this. The 1st time they did not show and apparently had asked for a continuance that i did not recieve in the mail until 2 days later. The 2nd time they tried to settle with me in a room befoer thehearing but they still had not validated it for me so i said no let the judge decide.They did bring a 1 page printout that was very vague and had a payment listed more recent that i know i did not make.Well once in the room they told teh judge why we were there and asked again for another continuance because they said they didnt have the info i asked for and needed time to gather it up.Needless to say they had 2 moths before this date to get it all together.The judge asked me if i was all right with this and me being nervous and all said yes when maybe i should have said no ,but anyway it was continued for 2 months which isthis week now.Still havent recieved validation just repeated calls.
If by some chance thejudge finds in favor of them there is no way i can pay this off at this time it is only my husbands income for 5 of us.This debt and summons is only in my name not my husbands and i live in PA.The only asset i have is my home with not much equity in it.
My ? is should i bring this up to the judge incase they want to file for a writ of execution? Our home is deede Entities in its Entirety.. where iread if deede that way they cannot execute on it unless the debt was in both spouses names.And in that case since its deeded that way my husband can have a 3rd party claim onit.Also would that mean that they cannot put a lien on our home either?Iwould think not but im not sure.
Sorry this is solong just wanted to try and explain my situation in detail.Thanks for any help!
Ihave already been there 2 times for this. The 1st time they did not show and apparently had asked for a continuance that i did not recieve in the mail until 2 days later. The 2nd time they tried to settle with me in a room befoer thehearing but they still had not validated it for me so i said no let the judge decide.They did bring a 1 page printout that was very vague and had a payment listed more recent that i know i did not make.Well once in the room they told teh judge why we were there and asked again for another continuance because they said they didnt have the info i asked for and needed time to gather it up.Needless to say they had 2 moths before this date to get it all together.The judge asked me if i was all right with this and me being nervous and all said yes when maybe i should have said no ,but anyway it was continued for 2 months which isthis week now.Still havent recieved validation just repeated calls.
If by some chance thejudge finds in favor of them there is no way i can pay this off at this time it is only my husbands income for 5 of us.This debt and summons is only in my name not my husbands and i live in PA.The only asset i have is my home with not much equity in it.
My ? is should i bring this up to the judge incase they want to file for a writ of execution? Our home is deede Entities in its Entirety.. where iread if deede that way they cannot execute on it unless the debt was in both spouses names.And in that case since its deeded that way my husband can have a 3rd party claim onit.Also would that mean that they cannot put a lien on our home either?Iwould think not but im not sure.
Sorry this is solong just wanted to try and explain my situation in detail.Thanks for any help!
The judge knows that the debt was already found disputed in the
The judge knows that the debt was already found disputed in the last court hearing. That is why he got your permission and asked the collection agency to get accurate details. The CA is still responsible to present the debt with accurate details. Have you contacted Sears and check the file in their system? You may find something about your account and confirm if the CA is making a legitimate collection? You should be able to use this defense in the court. Don't agree to pay anything until it is proven that the CA has your file with accurate info. The judge also knows that the fact must be proven before a decision is done.
