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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33708
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was served with a writ of execution. Initially, i didnt

Customer Question

I was served with a writ of execution. Initially, i didnt even know who the creditor was. It was purchased by portfolio recovery. The letter states i ten days to make full payment. Im on social security disability and my nephew has in treatment for leukemia. I provide financial support to him and my brother who previously had kidney cancer. I paid on the account but demanded proof bc the account is over 10 yeara old. They just sent an accounting sheet with no actual charges. I had two accounts with capital one and i paid a collection agency which has since merged with another company and they have no records of my account. What are my options
Submitted: 21 days ago.
Category: Legal
Expert:  Barrister replied 21 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is social security your only source of income?

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Do you have any money in the bank?

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Any big assets that are paid for like cars, boats, motorcycles, saving accounts, investments, other real estate?

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Were you actually sued by the creditor with them getting a judgment against you?

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Who served you with the writ....the sheriff?

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thanks

Barrister

Customer: replied 21 days ago.
I also receive disability pension. I workef for the charlotte police dept. I have 630 in the bank but its insurance claim money. My floor was damaged by water. Im waiting on the person to install the tile. I worked as an extra this summer and madr approximately 800.00 which was used to replace a water heater. My property is inherited and its in all my siblings name. I owe a car but the finance company had the title
Customer: replied 21 days ago.
I was initially served in 2009
The information was given to my mom. I nevet received a court date. I received a letter today dated the 7th demanding full payment. It was mailed...portfolio purchased the account for a small amount and then obtained a law firm in nc
Expert:  Barrister replied 21 days ago.

Ok, the SSDI ad your pension are exempt from any garnishment under federal law. I would suggest taking the money out of the bank account so they can't levy on that account and seize that money.

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If you owe as much on the car as it is worth, then they can't come after that.

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As for your home, if you only own a percentage of it, then if you have less than $35,000 in equity, it is exempt as well.

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If that is the case, then they are just barking at you, but can't really do anything because all your assets are exempt from creditors. So you are essentially "judgment proof" meaning that while they have a judgment, there is nothing that they can legally collect against.

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thanks

Barrister

Customer: replied 21 days ago.
Thank you but how do i respond to this letter saying i have ten days to pay or they will seize my property. Can i file paperwork to squash the writ bc tbey have never provided proof of debt
Expert:  Barrister replied 21 days ago.

What property are they threatening to seize?

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And they don't have to provide any proof if they have a judgment against you... The judgment is the proof as they can't get a writ without a judgment..

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