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Recent Writ of Attachment questions
I am writing on my case which we discussed in november. At
Hello,I am writing to follow up on my case which we discussed in november.At the end of April, the tenant requested that she continue to pay rent while looking for another place. I refused and have requested an eviction date to be set.I have been waiting since mid May for an eviction date and as of today i still do not have one.My lawyer told me that i had to wait as the tenant was being managed by APS and that they were preventing the eviction.I am also puzzled as to what happens if i take the tenant's money. Does this mean that i cannot evict them? they now owe me all they owed me before in addition to rent for the months of may and june.If i were to change lawyers, is there any guarantee that this case would close faster? what do i need to do to get these tenants out of my property?
I received an INCOME EXECUTION via certified mail yesterday
Hi! I received an INCOME EXECUTION via certified mail yesterday from the plaintiff's law office... a) is this real/legal? b) what are my options?JA: I'm the Lawyer's Assistant. I work with them to help customers like you. The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: I have not consulted a lawyer yet. They have also mailed a subpoena to my place of work to inquire about personal information, wage documentation, etc.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New York State, Court: Civil Court of the City of New York, County of New YorkJA: Is there anything else the Lawyer should be aware of?Customer: My Income execution states the entry date was on 05/02/2012; however, this is the first time I have heard about it...I do not know what the debt is regarding, or who it was originally owed (no the credit collection) How do I find this out?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
I received a writ of execution (money judgement) it is from
hello,i received a writ of execution (money judgement) it is from a debt collector. the name is ***** ***** but, i looked them up on the internet. the letter also includes a levy on all accounts. how can they levy my accounts? can they take personal property? how can i fight this?
I live in California. How many days before a demurrer
I live in California. How many days before a demurrer hearing must I be served? I filed a cross Complaint and she filed a demurrer to that. We are both pro per. One place I read 16 Court days plus five calendar days if served by mail, another I read 25 days. Thanks.
I won a case in CA superior court ( $50,000), I put a lien
I won a case in CA superior court ( $50,000), I put a lien against their property and record it, they are married and their home is under a family trust, the lien is against one party (the husband), Can they still sale their home ..? Can this lien Judgement have some real effect..?What are my options to collect ..? What else could I do..?Thanks..
I just received notice from my employer today that my wages
I just received notice from my employer today that my wages are going to be garnished. I'm trying to figure out what to do next to stop it or challenge it.The judgment stems from a eviction case in Utah that occurred after my husband was injured and lost his job. We moved out immediately afterbeing served with eviction papers and lived with family. The attorney for the apartment filed suit against us in small claims court in UT for the amount owed in rent. A judgment was issued against us on 8/16/2011 in the amount $1685.53, with a statement that interest shall accrue at the rate of 24% from the date of the judgment until the judgment is paid in full.In Sept. of 2014 I made an arrangement with the Attorney's office that holds this judgment against us and agreed to pay $50.00 a month to them. The paperwork I received from them lists the settlement amount at that time as $4653.59. Now this seemed extremely high to me based on the original judgment amount, but at the time I was just trying to make payments since I had gotten a job and was trying to get on track and settle all of our old debts. I continued making my monthly payments of $50.00 starting on 9/15/14. I resigned the contract with them again in Sept of 2015 as per their requirements to resign each yr, and the form I received showed a settlement amount owed of $4103.59. I paid every month from the original payment plan date of Sept of 2014 up until Oct. of 2015 when we ran into some financial difficulties and I was unable to pay in Oct and Nov. Then on Dec. 4th of 2015 my husband has a massive heart attack and he became unable to work. I completely forgot about this payment that I needed to make.Today 2/5/16, I received notice of garnishment from my employer from this attorney that has the judgment. I noticed on the writ of garnishment that the listed amount they are showing owed is now at $5065.88 stating that the amount will continue to accrue interest as approved by the original judgment. The judgment was filed and granted in the state of UT. I am currently a resident of the state of IL. My employer is registered in UT under a different entity that I am not directly employed by and that is different from the name on my paychecks. However, they told me that they still must abide by the garnishment? Even though the judgment was never transferred to the state of IL. They are telling me that because the registration they have in UT is still one of their legal entity's then it can still be stretched to apply to me for the judgment based in UT to be upheld here in IL.I'm trying to figure out what my options are to fight this now? If what my employer said is correct on the UT judgment being enforceable by them even though the name they have a presence registered under is UT is a different one than what appears on my payroll? Also, is the interest amount charged by the attorney coming up to over $5000.00 now that they say I owed correct based on the original judgment amount and the interest they were allowed to charge in the judgment? Also based on me making monthly payments of $50.00 for a year to them. It does not appear they deducted any of that, and added it all back on and then some to come up w/a figure of $5065.88 when the form they gave me on Sept. 2015 showed an amount of $4103.59. Where can I go from here, and what ways can I fight this?The attorney office told me when I spoke to them to tell my employer to decline the garnishment and send in a statement stating why they refuse to abide by it, then they would have allowed me to go back on my payment plan because of the recent financial issues and my husband's heart attack. A garnishment is going to force me to file bankruptcy as I am now the head of household, the only one bringing home any income since his heart attack Dec. 4th 2015, and I am barely making ends meet to support him and our daughter. However my employer told me that they would not decline to pay the garnishment, that they have to abide by it. So I'm trying to figure out what to do next and how to stop this before my wages start being garnished next week. Please help!
I have been trying to figure out how to deal with a truck IView more legal questions
I have been trying to figure out how to deal with a truck I own in the event I get a judgment against me in an upcoming trial. So I have decided to trade the truck in on a new truck. I don't have the credit to get a loan for the truck so my Mom will finance the truck and use my existing truck as a trade in. The new truck cost $48,000 and the trade in is worth about $23,000. So the difference is $25,000. Since the existing truck belonged to me, the new truck is actually jointly owned by me and my mom. Now if I lose at trial, I will have to disclose this transaction to the creditor that I own about 50% of the new truck. How will the judgment creditor deal with this, can they take a truck that is not owned free and clear by me? Can they force the sale of the truck to take my equity in the truck?