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hardtimes01 · Nov 6, 2008, 03:01 PM

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 · 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 · 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 · 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...

Originally Posted by excon

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 · Nov 14, 2008, 09:00 AM

Originally Posted by rockinmommy

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 · 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 · 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 · Jun 15, 2010, 02:56 PM

How much is the car worth?

JudyKayTee · Jun 15, 2010, 06:52 PM

Originally Posted by AK lawyer

How much is the car worth?

This is a piggyback - you missed the second question. No car involved.

AK lawyer · Jun 15, 2010, 08:36 PM

Originally Posted by JudyKayTee

This is a piggyback - you missed the second question. No car involved.

Originally Posted by hardtimes01

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 · 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 · Jun 16, 2010, 06:31 AM

Originally Posted by JudyKayTee

No, it's this:

I thought so. I was ignoring the second question when I asked the OP (Hardtimes01) about the car.

JudyKayTee · 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.