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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Execution of Writ and Process

    My question involves judgment recovery in the State of: CALIFORNIA

    New to all of this and quite rattled.

    I came to find out March 15 that a Writ of Execution was placed on my bank account. The firm sucked my savings and checking dry leaving me in the red and worried. I still have bills to pay and public transportation to take to and from work which adds up to nearly $35/week not inlcuded gas to get to the train. I literally don't have any form of cash now due to this. Just yesterday, March 19, I receive in the mail from the sheriff a service of the writ of execution/levy on my account after the fact. I was never previously notified of such a thing taking place and I know why they wouldn't notify ahead of time, but in my case, I wouldn't have just taken out the money as I want to resolve this in an orderly way.

    The debt was accrued from Ford Motor Credit. I fulfilled the life of the contract, and when the contract was over, there were extra charges from them saying I needed to pay. To the tune of $2431. They said it was from old service fees and what not. So the debt was bought out by the firm and they persued me for that amount. I called them today and spoke to one woman who was willing to work out a payment plan, and no they can't release the funds they secured which my bank is holding on to until the 22nd, just because. So I literally don't have any money. The woman I spoke to was great. I asked about a payment plan and she advised me that I could settle the account for $1950 if I could get the money to do so, of course I can't so I asked again about the payment plan. In the middle of possibly setting something up, the person in charge of the account takes the call from her. He tells me that she shouldn't have discussed such options and that they can't go any lower than $250/mo, which is kind of steep for me right now being back in school but working. He was very rude and didn't want to do anything else but get my address, which they know and have, and he tells me they are going to send out papers for my financials and employment details, then pretty much hangs up on me.

    Is this process in which this was carried out correct? I'm new to all of this and I'm very nervous and concerned. I do have bills that get automatically deducted from my checking account monthly, and I don't know what is going to happen with that. I'm very anxious and rattled.

    Any information would help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Execution of Writ and Process

    You were sued, presumably chose not to respond to the lawsuit such that a default judgment was entered, and now they're trying to collect the money you owe them on the judgment. You were given notice of the lawsuit and judgment. They don't have to warn you after that, "Hurry and hide your money because we're going to garnish your bank account next week." If you believe you have grounds to dispute the court's order for garnishment, such as an exemption to garnishment, it's up to you to bring a motion in the court that issued the judgment and order.

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