Ask Me Help Desk - Writ of Execution

Writ of Execution

Hi all. I have recently been notified that an atty's office filed a Writ of Execution against me due to money that I owe to a university. It's in the amount of $17k. My fiancée has been handling all of my bills for the past two years, and I was unaware that he was not paying on the payment plan that I set up with the law office. He does not think I should be paying it since I didn't get anything out of it. I withdrew from school 6 years ago due to health problems and the school has been trying to collect tuition for that school year as well as a loan that I took through the school.
Right now, I'm living in my fiance's house and there isn't really anything that I own other than my clothing and a 1998 cavalier. What exactly can they take from me? And can they take anything from the house since it's in my fiance's name? Is there any way to stop this from happening? I don't even have my own checking account right now. I have no savings and I can't afford to make the payments that they are demanding.
Please help!:(

All your assets are probably exempt from execution. You need to check the exemption statute in your jurisdiction to know for sure.

They can't touch your fiance's property.

If your fiancée felt that the bill was not valid, then he should have fought it. Just not paying was not the answer.

Now a Writ of Execution generally has to list some asset to execute against. So they must think they have something to attach.

Quote:

Originally Posted by daafodil

Hi all. I have recently been notified that an atty's office filed a Writ of Execution against me ...

Did they get a judgment against you, or are they simply making threats?

They have to serve you with a summons, by which they give you time to defend against the lawsuit before a judgment can be entered. Only after a judgment is entered can they get a writ of execution.

If the money owed is for a govt subsidized student loan, they may not have to get a judgement.

There is a judgement against me. That was filed sometime last month. They did not serve ME, the gave it to my fiancé... I have a copy of the writ filed with the prothonotary. I believe the loan is a perkins loan..

If you are living with your financee, then this was probably valid service. Like I said your fiancée should not have let this go. He should have informed you and gone with you to fight the judgement.

He screwed up royally by not doing so. And in doing so has stuck you with a judgement that will follow you for at least 10 years or until paid.

But, again, what is the Writ of Execution executing on?

Quote:

Originally Posted by ScottGem

But, again, what is the Writ of Execution executing on?

Normally, I draft writs of execution very broadly ("all money, personal property," etc.) and then when I find something to seize I am ready.

Quote:

Originally Posted by AK lawyer

Normally, I draft writs of execution very broadly ("all money, personal property," etc.) and then when I find something to sieze I am ready.

But will a court approve such a broad writ? In my experience judges prefer more targeted writs.

Quote:

Originally Posted by ScottGem

But will a court approve such a broad writ? In my experience judges prefer more targeted writs.

In NY I never see broad writs. Always very specific. And, yes, it must have been substitute service on the fiancé.

Also, as Scott pointed out - depending on the student loan (and the OP should review the paperwork) they may not have to have served at all. It surprised me when I read it but there is another thread about student loans and defaults and not being served (somewhere).

Quote:

Originally Posted by ScottGem

But will a court approve such a broad writ? In my experience judges prefer more targeted writs.

In my jurisdiction (Alaska), the clerk of court issues the writ. Maybe that's the basis of the difference.

Quote:

Originally Posted by AK lawyer

In my jurisdiction (Alaska), the clerk of court issues the writ. Maybe that's the basis of the difference.

That doesn't answer the question, dows the clerk issue such an open ended writ? Is there some legal cite that would allow the clerk to do so?

By the way, if your jurisdiction is Alaska, why does your location say Florida? That's diametrically opposite ends of the country. Just curious.

The Clerk of the Court issues the Writ with no input from the Judge? Yikes!

Quote:

Originally Posted by ScottGem

By the way, if your jurisdiction is Alaska, why does your location say Florida? Thats diametrically opposite ends of the country. Just curious.

Admitted in Alaska, physically present in Florida.

It's a long story.

Quote:

Originally Posted by JudyKayTee

The Clerk of the Court issues the Writ with no input from the Judge? Yikes!

It's not rocket science.

Is there a judgment? Is it unsatisfied? That's essentially all that has to be looked at. It would be a waste of the judge's time to do that kind of clerical work.

The cite is ARCP 73(b):

"The clerk is authorized to enter the following orders of the superior or district court without further direction by the court:
...
(4) Orders upon motions and applications for issuing mesne process and issuing final process to enforce and execute judgments.
... "

Well, apparently NY Judges DO think it's rocket science because it passes before a Judge who does the signing.