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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I just got a call from the constable saying he had a writ of

Customer Question

I just got a call from the constable saying he had a writ of execution. I was involved with a lawsuit that was settled and dismissed. I never received a notice of a hearing about a writ of execution. What Can I do about this? Is there a way to block this?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation. A hearing is not usually required for a writ of execution to be issued. Now if you didn't agree to a "joint order" or judgment, then a writ of execution still should not have been issued.
You could file a motion to quash the writ of execution in the same court which issued the writ. Basically if the case was dismissed without a judgment being issued, the argument would be that there was no jurisdiction until a judgment was made. If the settlement occurred after the judgment being issued, the argument would be that the case was settled and dismissed.
Now it would be best to have a form, but there's no free form online that you could get. I would suggest that you go to your library and see if they have access to legal forms, or even if you could go to a law library to see if that form would be available.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!