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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16348
Experience:  15 years exp all aspects of general law
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I received a notice of a writ of bodily attachment to pay

Customer Question

i received a notice of a writ of bodily attachment to pay final judgement or provide fact information sheet to plaintiff. i was never notified of any hearing or court date or any instructions. this has been and on and off case since 2011 and has been dismissed on several occasions. how do i respond and how can i resolve this
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there -

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Was this a civil case? And was there a prior court date or hearing that you might have missed (I am asking because you note that there is what is called a "final judgment" on file and if that is the case, then perhaps the case has actually gone before a judge and the plaintiff won the case because you failed to appear?) Your best bet right now with this case is to contact the court referenced in the paperwork and ask them for copies of everything in the case file -- because you are the defendant they should have no problems giving this to you. At that point, once you review everything, you can determine what next steps need to be taken. You might have to file a Motion to Remove Default and Dismiss and get the matter back into court once and for all -- but you need to know every thing that has happened in the court case since the very beginning when it was opened.

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If you do not get the case file, you can certainly file a Motion to Dismiss -- but you are going to have to give the court a reason why you are requesting the dismissal (grounds for dismissal) -- and you might need the underlying case file information to explain to the court that the plaintiff may have served you improperly with notice or that the plaintiff failed to pursue the case within the statute of limitations (generally 6 years for a written contract - which includes credit card companies).

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