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    georgesteckjr's Avatar
    georgesteckjr Posts: 4, Reputation: 1
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    #1

    Oct 5, 2008, 05:19 AM
    Writ of execution
    Hi I'm confused I just got a letter from a credit company and got a judgement against me in court now I have this writ of exeucution I checked my bank acct. this mornig and I guess its frozenI can't get any money out of my acct. its seems frozen what can I do can the just take my money out of my acct. or just freeze it thanks for all your help I'm new to this George
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Oct 5, 2008, 06:16 AM

    Hello George

    Well first some things will depend on where you live, in the US, this is handled by State law, in Canada by their laws, and again in England or France differently than in other places.

    But in general, the money is frozen, given you time to file any appeals in court. After a specific time frame if you have not went to appeal this, the money will be transferred to them up to the amount of the debt.

    In some areas you may also expect them to perhaps garnish your paycheck, if that is allowed in your area.

    To get a judgement they had to have sued you, and you would have been served and had a chance to go to court over the debt.

    You can not take the money out, since it is frozen, you also want to stop putting any money in, since it will also be frozen
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
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    #3

    Oct 5, 2008, 09:01 AM
    If, for whatever reason, you did not file a defence to the original claim you may be able to set aside or vacate the judgment so that a defence can be filed. If successful this will stop any enforcement proceedings in the here-and-now.

    How easily this can be done (if at all) will depend, in part, upon which level of court you are in (small claims or a higher court) and which jurisdiction you are in (ie. Which state or province).

    If you do nothing than the funds in your bank account will be forwarded to the creditor as described by Father Chuck. If the funds in your account are insufficient to satisfy the judgment then the creditor may take additional enforcement steps to collect any remaining balance (eg. Garnishment of wages, seizure and sale or property, debtor's examination etc.).

    If you indicate which jurisdiction you are in you may receive answers that are more specific to your situation.
    georgesteckjr's Avatar
    georgesteckjr Posts: 4, Reputation: 1
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    #4

    Oct 5, 2008, 10:24 AM
    Thanks for all the advice guys I'm from pgh. pa.I guess I'm pretty much screwed then and no way to get to that money.My ex screwed me bad that's why I'm in this position and reaaly could have used that money. If you have anymore advice id take it thanks what about fililng for bankruptsy

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