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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19323
Experience:  B.A.; M.B.A.; J.D.
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I need help
Submitted: 9 months ago.
Category: Legal
Expert:  FamilyAttorney replied 9 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Can you give me an idea what your question is about? I need to know if I can help you or if another lawyer should be helping you. Thanks.

Customer: replied 9 months ago.
I received a Copy of a Writ of Execution...
I received a Copy of a Writ of Execution for Bank savings and loan, credit union. I owe medical bills, that I was paying on $100/month. I fell behind one month when mu husband lost his unemployment benefits. We had 0 income. I had explained this to the collection agency that my medical bills arelumped in. They had told me that was fine as I had 90 days until any further collection activity would occur. Putting that in January 2017. Two weeks later they have obtained a judgement and the writ of execution. I received nothing other than the 1 phone call.What do I do? I am in a panic that my account will be garnished, and I, my husband and kids will be homeless. We already lost a car, our home and are in a section 8 apartment. The debt is mine, I have medical problems, and we lost insurance when my husband lost his job in the oil field. I am currently active in obtaining SSDI.
Expert:  FamilyAttorney replied 9 months ago.

Thank you so much. I'm on a phone call right now so I will opt out so someone else can take your question. Good luck!

Customer: replied 9 months ago.
Expert:  Phillips Esq. replied 9 months ago.

A different Professional here. I will be further assisting you with your post.

You need to go to Court and file Motion to Vacate the Judgment and the Writ. You can obtain blank Motion forms at the Courthouse in the Clerk's office.

Kindly note that your SSDI benefit is 100% exempt from execution. So, if your bank account has funds from SSDI, the account cannot be seized. If the account is seized, you need to go to Court and file Motion for the levy to be released and for any funds garnished from the account to be returned to you immediately because the account contains Social Security payments.

Customer: replied 9 months ago.
I see how my SSDI reads. I am active in the process to obtain it. I do not yet currently receive any benefits. I cannot find any exempt monies that I would be pertain to me. The writ was to two local banks in my area. I do not bank there. So until they locate where I bank, my money is actually safe. Do I need to request a hearing? Or plead with the ceditor? I mean this was one missed payment on 4k medical debt.
Customer: replied 9 months ago.
I am pursuing legal counsel here in person. I think it's the best bet currently. Thank you