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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19628
Experience:  B.A.; M.B.A.; J.D.
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I recently received a writ of execution because of outstanding

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I recently received a writ of execution because of outstanding credit card debt. I was assigned an attorney who seemed very helpful when we first spoke on the phone(he's about 100 miles from me). We discussed terms and payments toward the settlement, which was alot to mentally digest being this was our first time talking. The next day he e-mailed me two agreements, one from the creditors lawyers and one from his firm. In the creditors agreement were a down payment, other lump sum payments, and monthly payments which I didn't necessarily agree to over the phone, but that's not the issue I'm concerned with. In his agreement, for his fee, I was to surrender a vehicle and two firearms. I didn't necessarily agree to this in our phone conversation because I had stated that I was in the process of selling the vehicle. Two days later he e-mails me stating that I cannot sell the vehicle because the plaintiff could file another lawsuit if I did indeed sell it. In the plaintiffs' agreement, no assets were to be surrendered to them; all payments of money. The vehicle was to go to my lawyer's firm according to his firms' agreement. My question is how would the plaintiff know of my assets when no assets are a part of the payment agreement. Do I have a crooked lawyer? Can he legally share that kind of info. with the plaintiff? Besides, even if I weren't to sell the vehicle it's exempt anyway because I use it for my farm/ranch business. I'm wondering if he's working with them more than he is with me. What's your advice on this situation?

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: Do I have a crooked lawyer?

 

Response 1: I cannot comment on this since I do not have the benefit of the Agreements in the case and I am not privy to the conversation you had with the lawyer.

 

Can he legally share that kind of info. with the plaintiff?

 

Response 2: No, he is representing you and he is not supposed to release any information to the opposing counsel without your permission.

 

Besides, even if I weren't to sell the vehicle it's exempt anyway because I use it for my farm/ranch business. I'm wondering if he's working with them more than he is with me. What's your advice on this situation?

 

Response 3: Do not sign any agreements. Let the Plaintiff's Attorney go to Court and make you declare your assets. Most of your assets would be exempt from execution anyway.

 

http://www.13network.com/hupdocs/HUPexemptproperty05.pdf

 

 

 

http://www.dallas-bankruptcy.com/bankruptcy_exemptions.htm

Customer: replied 6 years ago.

Just to clarify, there is no lien on the vehicle and I have not signed it over in any way. There isn't any reason I can't proceed with the sale of the vehicle is there?

Just to clarify, there is no lien on the vehicle and I have not signed it over in any way. There isn't any reason I can't proceed with the sale of the vehicle is there?

 

Response: No. There is no reason.

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