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VanDLaw, Attorney
Category: Bankruptcy Law
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Experience:  Chapter 7 & 13
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please refer to my last question to vandlaw.there is no basic

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please refer to my last question to vandlaw.there is no basic form for an affidavit. is it just a letter stating exemption and just have a notary witness it. i assume then i file with clerk of the court with copy to creditor and their lawyer. do we have tosubmit separate letter for my wife or can we combine. also do i do this now that is after we reregister the auto or do we waituntil they issue a writ of execution.    thank you.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.



You should file the letter after you know that the Creditor intends or does get a Writ of Execution. If the clerk of court does not have a form for the affidavit, you can send a letter stating your claim to the $1000 exemption, your Wife should send a letter stating her 1/2 ownership in the vehicle. The letters should be sent to the Court, the Judgment Creditor, the Judgment Creditor's attorney, and the Sheriff's office. They will have 2-5 days to challenge the exemption, and a hearing would be held if they did object.

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