[tyra8294]

Hello, yesterday I received a writ of execution to garnish my bank account and maybe a lien on my property. How do I stop the writ of execution? I owed more than what my account held. Can I call and make payment arrangements to stop this action? Can they come and take my house from me for less then $2000? I've called the bank that sued me and the rep was very nasty and I contacted there lawyer and left messages and e-mails and he never returned any. I just want this stopped. I have a mortgage, car note and I am the sole provider of my son. Please advise if you can help, Thank you

[JudyKayTee]

There is a Judgment against you which you have not (apparently) attempted to pay in any fashion. The time to make a payment arrangement has probably passed.

They won't take your house - they will file a lien against it and if/when you sell, that lien will be paid to them off the top.

I see law firms that specialize in removing GOVERNMENT liens for financial hardship. I do not see your situation addressed. Perhaps someone in PA knows.

Just to be sure - were you properly served with motion papers, advised of the original lawsuit?

[tyra8294]

Yes, when I received the summons I called the bank to make arrangements. I got this loan a couple of years ago for $6000 paid it down to $1770, lost my job and contacted the bank asap. They said they have been trying to contact me since Dec 2008, I received no letter or phone calls, the only document I received was the summons to court and could not go because I had just started working again and had no PTO days to take off. How do I get rid of this matter? Once the debt is paid will this writ of execution stop? Will they stop the levy on my current bank accounts? My current bank told me to get a court stamp praecipe to dissolve document, get it signed by the plaintiff and fax it over to them and this will take the hold on my account off.

[ScottGem]

the only document I received was the summons to court and could not go because I had just started working again and had no PTO days to take off.

BIG mistake!! By not showing up in court, you allowed the plaintiff to get a default judgement. Since you admit the debt, they may have gotten one anyway. But once they got the judgement they can attach your bank accounts and garnish your salary.

How do I get rid of this matter? Once the debt is paid will this writ of execution stop? Will they stop the levy on my current bank accounts? My current bank told me to get a court stamp praecipe to dissolve document, get it signed by the plaintiff and fax it over to them and this will take the hold on my account off.

The only way you are going to get rid of this is to pay the debt. If you can't pay it off in a lumpsum they you have to try and reach a settlement with them. But since they already got the judgement they have no incentive to settle unless you can pay a lump sum.

[tyra8294]

I have given them $1000 and I have the rest in lump sum, do I contact them to pay or just put them money in my account that they have levied? Once my debt is paid to them in full, will this matter been closed? Will the judgement be removed?

[tyra8294]

Yes, This is my debt, I'm not trying to run from that, I was trying to pay it. I can't go back now, so I am trying to fix this so this will never happen again. I would like to thank both of you for helping me, I truly appreciate the advice.