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I have a money judgment against someone and I we had my sister

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serve the writ of execution...
I have a money judgment against someone and I we had my sister serve the writ of execution on this persons bank. I didn't know it had to be served by sheriff dept, now I cant get back original writ from the bank & court w/not issue another. What can I do?
Submitted: 5 years ago.Category: Legal
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Answered in 2 minutes by:
12/1/2011
Lawyer: INFOLAWYER, Attorney replied 5 years ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 58,021
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You would have to make a motion to the court to issue another write narrating in an affidavit that you made an error in service, and cannot recover the initial one. The court should grant the motion and issue it. You may alternatively press the bank to return it as not served correctly, by reaching out to the legal department to expedite it. Please click on the GREEN ACCEPT button for my answer. This is necessary for me to be paid for my work and so that I can get credit for the answer. Leaving a Bonus and Positive Feedback is not required, but doing so is very much appreciated!

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Customer reply replied 5 years ago
We have already trued to speak to the bank as well as the legal department both of which say they can not return our original writ of execution, therefore leaving us with no way to have it served properly, nor enforced. So which form would I use to file that motion you mentioned? And would I also attach an affadavit with it explaining the error in service?
Lawyer: INFOLAWYER, Attorney replied 5 years ago
The motion is done by notice of motion and supporting affidavit narrating what happened. The notice of motion you can get from the clerks office or local law office and merely includes the case caption, the relief you are seeking and the court in which you are making the motion. The clerks office should give you a form to fill out.

Please click on the GREEN ACCEPT button for my answer. This is necessary for me to be paid for my work and so that I can get credit for the answer. Leaving a Bonus and Positive Feedback is not required, but doing so is very much appreciated!

If you have a follow up question, I am happy to address it. Just click Reply (not relist) to ask it and I will respond. On occasion, there may be a delay if I am helping another customer, conducting research, or taking a break.

Please remember that sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question so please keep that in mind.

INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 58,021
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