How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask stevexo Your Own Question

stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
10069793
Type Your Family Law Question Here...
stevexo is online now
A new question is answered every 9 seconds

I was awarded my dog in a civil court by default judgement

Resolved Question:

I was awarded my dog in a civil court by default judgement and the appeal process has lapsed. My brother stole the dog and refuses to give him back even now after judgement. I contacted the constable and local police and neither will go and get the dog without a court order. So I had my criminal atty draw up a Writ of Replevin. The judge in the same court is saying this will not work. They also said they are researching and will get back to me. I need to know exactly what I need to file to have the dog returned.

The dog has been gone for seven months and time is becoming a problem. Your quick response is much appreciated.
Submitted: 2 years ago.
Category: Family Law
Expert:  stevexo replied 2 years ago.
Something very wrong is going on here. Firstly, if you got a default judgment ,all you have to do is to get the judge to issue a writ of possession, just like if you got a regular money judgment and they will not pay. You can seize their property to satisfy the debt through a writ of possession, that this Judge should order. The Writ of Rep liven can be used for animals and is what should have been filed in the first place. That is what a person should file if there property is being wrongfully detained. It is a great vehicle as it does not take long to hear, and unlike a regular civil case it is expedited as you do not have to wait for an answer. Your writ should be heard and then the judge issues the rep liven order. But since the other case is already started, file a motion for a writ of possession and the cops will enforce that! Sincerely, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Okay. I spoke with the clerk there and they stated what they need right now is a "Writ of Execution for Delivery of Possession of Property". I have looked on line and cannot find a template for this. Could you please help me here? Maybe send me a template or format to use?
Expert:  stevexo replied 2 years ago.
They really cannot tell you to do the proper thing here so this is a little help. You cannot file the writ of possession the actual writ of possession is the order the judge signs. What you need to draft is the Motion for Writ of Possession and if granted the Judge signs the actual writ. I am not allowed to send any legal work as attachments from this site but I can tell you where to go. www.myfreelegalforms.com.They should have a sample motion form for the motion you need to do and the actual writ itself that the Judge signs. What they told you would be like me filing a habeas corpus which releases a defendant from jail and is the order that gets him out that can only be signed by the Judge, I have to do the Motion for Writ of Habeas, and then the judge signs the actual writ. Hope this helps, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 2 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
I went to your link and was unable to find any writ of execution or possession. Please forward me a template?
Expert:  stevexo replied 2 years ago.
Sorry, go to findforms.com. I just looked at a sample. Steve

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney