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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36206
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My daughter received a writ of execution and a claim .

Customer Question

my daughter received a writ of execution and a claim for exemption. what does she need to do? she has already spoken with the attorney suing her and he agreed to a payment plan but now we received the writ of execution claim for exemption
what does she do?
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If she has received a writ of execution, then the creditor is seeking to come after any assets that she has that are not exempt by law.
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So it would appear that the creditor, through the attorney, changed their mind about any payment plan.
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If she has a written payment plan signed by the attorney or creditor, then she is in good shape because she can move to dismiss the writ as improper based on the settlement agreement.
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But if this was all verbal, the she will have trouble fighting it because she has no proof that any agreement was entered into.
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So at this point, she needs to contact the attorney again and find out if this is an oversight or if this is intentional and they are not going to honor any payment agreement.
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She should already have this, but this is the list of statutory exemptions under PA and federal law:
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http://www.pacode.com/secure%2Fdata/231/chapter3000/s3252.html
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thanks
Barrister