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Writ of fieri facias

Asked Nov 6, 2008, 02:01 PM — 12 Answers
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 thrid 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

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rockinmommy's Avatar
rockinmommy Posts: 1,126, Reputation: 417
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#2

Nov 6, 2008, 02:29 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.
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excon's Avatar
excon Posts: 20,999, Reputation: 15460
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#3

Nov 8, 2008, 07:02 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
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hardtimes01 Posts: 2, Reputation: 1
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#4

Nov 10, 2008, 06:49 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 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
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JudyKayTee's Avatar
JudyKayTee Posts: 45,356, Reputation: 23513
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#5

Nov 14, 2008, 08:00 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.
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meshach's Avatar
meshach Posts: 1, Reputation: 10
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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?
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JudyKayTee's Avatar
JudyKayTee Posts: 45,356, Reputation: 23513
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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.
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AK lawyer's Avatar
AK lawyer Posts: 9,918, Reputation: 4207
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#8

Jun 15, 2010, 02:56 PM
How much is the car worth?
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JudyKayTee's Avatar
JudyKayTee Posts: 45,356, Reputation: 23513
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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.
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AK lawyer's Avatar
AK lawyer Posts: 9,918, Reputation: 4207
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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?
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