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Returned Writ Of Execution - Auto Repo

Discuss the legalities of Bankruptcy Law

Returned Writ Of Execution - Auto Repo

Postby Terry » Thu Apr 02, 2015 11:03 am

A friend of mine had her truck repossessed after divorce.  The credit agency obtained a default judgment, issued a Writ of Execution for $10,500 + costs, etc.

Almost two years later, after hearing nothing from the attorneys, the court website says:  Returned writ of execution issued on(date) to ___county filed.  Returned wholly unsatisfied.  If partial, sum of $0.00.

Can you help her understand what this latest filing might mean?  Should she go check the court file?  If so, what should she look for or do?  

She has no ability to pay, but has not filed bankruptcy either.  She is alone, and not real capable of understanding the court process.

Any other advice?
Terry
 
Posts: 47
Joined: Mon Jan 06, 2014 10:11 am

Returned Writ Of Execution - Auto Repo

Postby Hrocesburh » Sun Apr 05, 2015 3:34 am

A friend of mine had her truck repossessed after divorce. The credit agency obtained a default judgment, issued a Writ of Execution for $10,500 + costs, etc.

Almost two years later, after hearing nothing from the attorneys, the court website says: Returned writ of execution issued on(date) to ___county filed. Returned wholly unsatisfied. If partial, sum of $0.00.

Can you help her understand what this latest filing might mean? Should she go check the court file? If so, what should she look for or do?

On the website does it say it just like you said, “ issued on(date) to ___county”, or did they put in a specific county and date and you just put the blanks there yourself for the purposes of this question(in order to maintain your anonymity of whatever)?  If it was blank like that on the docket sheet, there could possibly be two reasons -  one, the website itself as a matter of policy might take specific information off of the computer so as not to alert the debtor that his assets were about to be attached or garnished or frozen.  However, I would think that it is far more likely that this blank entry is nothing more than computer excess, where the program just prints out a blank entry when there was no record that had been intended to be shown.  Kind of like showing the format or the template for an entry showing an execution if there had been one, or if there will be one.   On the other hand, if you substituted the blank information for actual data that you saw on the web site, you need to go to that court clerk’s office and see what is going on.   If there was an application for a writ of execution, it will be in the court file or on the court docket sheet and you can then see who is up to what, and what they are up to, so to speak.  No big deal - just ask the court clerk to see the file for that case and the court’s docket sheet or register for that case(that shows everything that has been filed listed chronologically).  IF there is an execution pending, then you have immediate potential problems insofar as possibly having your wages garnished, having your bank account frozen, and other possibilities.

On the brighter side, there are a couple of ways to take care of this default judgment, but this to an extent depends on facts that you do not state in your question.  This would be a lot easier to talk about on the telephone.  I will not charge you just to talk on the phone.    Call me if you like and we can then discuss your friend’s options in more detail so you can give her a full report.   I look forward to hearing from you should you decide to call.   432  853-5711
Hrocesburh
 
Posts: 38
Joined: Wed Feb 12, 2014 4:02 pm


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