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    hardtimes01's Avatar
    hardtimes01 Posts: 2, Reputation: 1
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    #1

    Nov 6, 2008, 03:01 PM
    Writ of fieri facias
    I was served a writ of fieri facias by sheriffs office. He needed to levy on some property for an old credit card debt bought by a third party collector, Jormandy, LLC. He levied on my car because that was really the only property I own that is worth anything. He said that if I did not pay the debt he would have to take my car and sell it at a sheriffs auction. The amount owed is $1700 on a credit card with a $300 credit limit. I live in VA and was wondering what I can do about this besides borrowing money from my parents and paying it off. Help. Hardtimes01
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Nov 6, 2008, 03:29 PM

    Double check your state laws. I know in most place they can't attach to your only vehicle. If you have a 2nd vehicle they can go after that, but usually your home and primary vehicle are exempt. Of course I'm sure that varies by location.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Nov 8, 2008, 08:02 AM
    Hello hard:

    Even if you can get the lien removed, you're still going to have to deal with this thing. The judgment will last a LONG time and is going to haunt you for years...

    So, I'd borrow enough CASH to make a deal. Yes, the limit was $300. Yes, they want THOUSANDS with interest, penalties, collection charges, legal fees and anything else they thought they could get out of you...

    But, with CASH in one hand, and a telephone in the other, I'll bet you can reach a settlement with them for $500.

    excon
    hardtimes01's Avatar
    hardtimes01 Posts: 2, Reputation: 1
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    #4

    Nov 10, 2008, 07:49 AM
    Thank you very much for your advice. I'll see if I can't play Let's Make A Deal...


    Quote Originally Posted by excon View Post
    Hello hard:

    Even if you can get the lien removed, you're still gonna have to deal with this thing. The judgment will last a LONG time and is gonna haunt you for years.....

    So, I'd borrow enough CASH to make a deal. Yes, the limit was $300. Yes, they want THOUSANDS with interest, penalties, collection charges, legal fees and anything else they thought they could get out of you....

    But, with CASH in one hand, and a telephone in the other, I'll bet you can reach a settlement with them for $500.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Nov 14, 2008, 09:00 AM
    Quote Originally Posted by rockinmommy View Post
    Double check your state laws. I know in most place they can't attach to your only vehicle. If you have a 2nd vehicle they can go after that, but usually your home and primary vehicle are exempt. Of course I'm sure that varies by location.


    "They" can seize/sell a car to pay a Judgment in Virginia - in fact, Virginia has a law where a person suing you can actually freeze your assets IN ANTICIPATION of being awarded a Judgment by showing "proof" (whatever that may be) that you will transfer or liquidate in order to avoid paying the Judgment.
    meshach's Avatar
    meshach Posts: 1, Reputation: 1
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    #6

    Jun 15, 2010, 01:05 PM
    I live in Washington, DC and a writ of fieri facias was put on my door today for a $3k civil judgment. I called my Mortgage company and they told me my property cannot be auction for that. My question is the Writ of attachment was placed on my door and it states I will be prosecuted if I remove it; is that true and what can I do?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jun 15, 2010, 02:47 PM

    At this point I'd consult with an Attorney - I believe the Sheriff could have entered your property and seized (grabbed) ANYTHING to satisfy the debt. And I wouldn't remove the notice.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jun 15, 2010, 02:56 PM
    How much is the car worth?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jun 15, 2010, 06:52 PM
    Quote Originally Posted by AK lawyer View Post
    How much is the car worth?

    This is a piggyback - you missed the second question. No car involved.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Jun 15, 2010, 08:36 PM
    Quote Originally Posted by JudyKayTee View Post
    This is a piggyback - you missed the second question. No car involved.
    Quote Originally Posted by hardtimes01 View Post
    I was served a writ of fieri facias by sheriffs office. ... He levied on my car because that was really the only property I own that is worth anything. He said that if I did not pay the debt he would have to take my car and sell it at a sheriffs auction. The amount owed is $1700 on a credit card with a $300 credit limit. I live in VA and was wondering what I can do about this besides borrowing money from my parents and paying it off. Help. Hardtimes01
    This was the second question?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jun 16, 2010, 06:20 AM

    No, it's this:

    "I live in Washington, DC and a writ of fieri facias was put on my door today for a $3k civil judgment. I called my Mortgage company and they told me my property cannot be auction for that. My question is the Writ of attachment was placed on my door and it states I will be prosecuted if I remove it; is that true and what can I do?"
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #12

    Jun 16, 2010, 06:31 AM
    Quote Originally Posted by JudyKayTee View Post
    No, it's this:
    I thought so. I was ignoring the second question when I asked the OP (Hardtimes01) about the car.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Jun 16, 2010, 07:18 AM

    Things are bad for all of us when a translator is needed - I've been reminded that I should read questions before I post answer. Maybe that would work better for me.
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