Writ of Execution
If you receive a Writ of Execution, it means a creditor is attempting to seize your assets. Take a deep breath, you still have options. Filing bankruptcy is one of them. The key is acting quickly.
Before The Writ of Execution
If a creditor files a lawsuit against you to collect on a debt, you can attempt to defend that claim against you, or you can do nothing in response. If you defend yourself and lose, the creditor obtains a judgment against you. If you do nothing, the creditor will typically get a summary judgment which has the same effect—the creditor wins the lawsuit.
After obtaining a judgment, the creditor will attempt to use the judgment to force a collection on the debt from you. The first notice you will get will be a Motion To Exempt Property. This form gives you an opportunity to list and PROTECT property from the creditor. Your Charlotte bankruptcy attorney can explain the form and assist you in filing it. Whether you file it with a bankruptcy attorney or on your own, be sure to meet the 20 day timeframe for responding.
The creditor’s lawyers will then request a Writ of Execution from the judge. This is what causes the Sheriff to show up at your door. I know this is frightening but you still have options!
Communicate With The Sheriff
It is important that you communicate with the Sheriff. You can make a request of the Sheriff for more time to settle with the creditor or pay them. You can also tell the Sheriff that you are filing a bankruptcy and ask for an extension to get your Chapter 13 or Chapter 7 bankruptcy petition filed. The Sheriff may or may not grant you an extension but the key is asking.
Call Your Charlotte Bankruptcy Lawyer
Next, if you haven’t done so already, call your Charlotte bankruptcy lawyer. Together, you can sort through your options. Your bankruptcy attorney will know how much time remains to file a bankruptcy petition to stop the collection process. Your attorney will also help you decide which option is best and set a plan in place for taking action.
If you are getting notices regarding a civil summons, a judgment, a motion to exempt property or a writ of execution call your attorney now. Waiting only limits your options. The call is free and Charlotte bankruptcy attorneys are understanding of the urgency and they are here to help. Email me HERE or call 704.749.7747 to discuss your situation today and take steps to exercise your rights.