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How is a summary judgement order enforced. I represented…

Customer Question
How is a summary...

How is a summary judgement order enforced . I represented myself on Sept 12 and due to s particular clause in the head lease that stated inset off could be made I lost . I have not heard from anyone since re how to payaccount details etc . I know I can appeal but have also been told a bayliff can turn up on my doorstep andrepossess my car surely I need notice and direction . I have contacted the plaintiff and asked for a payment arrangement but have heard nothing . Should I appeal on the grounds that I paid the plaintiff for insurance against loss of rent and he has claimed already plus will get it from me ? This was a commercial lease . I did have a payment plan with the plaintiff and he has already seized all my property at the premises

Lawyer's Assistant: What state is this in? And how old is the car?

This is in WA and my car is 4 years old and still being paid for through a loan with Macquarie leaving till next year

Lawyer's Assistant: Has anything been filed or reported?

By me ? I went to put in an appeal today but didn't realise it was $465 am intending to go and lodge this tomorrow if it will buy me time . The plaintiff has not sent me payment details or anything since the court date . Do they have to give me any information re paying or simply repossess

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is there a charge for the advise if so how much pls

Submitted: 10 months ago.Category: Australia Law
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Answered in 8 minutes by:
9/26/2017
Solicitor: Lucy, Esq., Attorney replied 10 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Australia Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Under Washington law, up to $3,250 of equity in your personal motor vehicle is exempt from being taken to pay a judgment. RCW 6.15.010. When you have a loan, that means they'd have to be able to first pay off the loan with the proceeds of the sale, then give you $3,250 before they'd be allowed to keep anything. As a practical matter, because of the time and expense involved in taking and selling the vehicle, unless you have several thousand dollars over and beyond your exemption amount, they're not likely to take the car.

The judgment is your notice. Once a writ of execution is given to the sheriff, they're required to execute it "without delay." RCW 6.17.160. But they also must give you notice of the time and place of the sale so you can object if they seek to sell any exempt property. RCW 6.17.130.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 10 months ago
But no payment or bank details have been supplied
Customer reply replied 10 months ago
This is WA Australia not USA
Customer reply replied 10 months ago
Are you still there I am in Australia
Solicitor: Lucy, Esq., Attorney replied 10 months ago

I apologize. Your question said it was in Washington. I'll let you speak with another expert.

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Customer reply replied 10 months ago
No my question was always Wa Australia I asked if you helped in Australia but I didn't receive a response please respond
Customer reply replied 10 months ago
I would like a 100% satisfaction guarantee refund and cancellation of my membership please supply the cancellation link as I can't find it anymore
Customer reply replied 10 months ago
Without rating
Customer reply replied 10 months ago
Please cancel this and authorise immediate refund as the advise is for the wrong country so I am not satisfied and my question remains unanswered
Solicitor: Daniel, Solicitor replied 10 months ago
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,984
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified
Hello I am a solicitor here in Australia.
They need to inform you what the cost is, before they send sheriffs over to your premises.I'm respect of the matter, you have shown that you are being proactive in having the judgement paid.Should you appeal?
That is a matter for you really but it needs to be on a question of law. If you think that the judge rules incorrectly, then you can well appeal.Please click accept and rate my service (with the stars). I am able to answer further questions after doing so at no further cost.
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Solicitor: Daniel, Solicitor replied 10 months ago

Hello
I note I have not received a response?
I wish to help you in this situation.

Ask Your Own Australia Law Question
Solicitor: Daniel, Solicitor replied 10 months ago

Hello
I note I have not received a response?
I wish to help you in this situation.

Ask Your Own Australia Law Question
Solicitor: Daniel, Solicitor replied 10 months ago

Hello
I note I have not received a response?
I wish to help you in this situation.

Ask Your Own Australia Law Question
Solicitor: Daniel, Solicitor replied 10 months ago

Hello
I note I have not received a response?
I wish to help you in this situation.

Ask Your Own Australia Law Question
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