Execution Of Judgment

Question: What is a Stipulation for entry of final judgment Execution withheld form mean?

Answer: This means that you agree to the final judgment and that you are not going to contest it, and furthermore that you will pay it off without them having to go to court and getting an order that allows them to garner wages, sell property, etc... to pay for the judgment. If you disagree with the judgment, or want to appeal, etc..., don't sign the form.

Question: Can court take IRA and/or CD for writ of execution money judgment? My husband passed away from lung cancer 2 years ago. I had a credit card in my name and cannot pay it (on social security only). I have no money and no job (though I have pursued employment). I have an IRA that will mature in 1 1/2 years (the only money I have). Can they take that?

Answer: Yes they can. I suggest you keep looking for a job.

Question: what does "execution of judgment is stayed 10 days" mean?

Answer: Basically it means there is a 10 day grace period before the judgment can be enforced.

Question: writ of execution before or after the judgment? Do i have to get a judgment before I can do an writ of execution I manly want my tenants out of my house the company I hire to do the paperwork did it all WRONG.

Answer: You must obtain a judgment for eviction BEFORE the judge will issue the writ.

Question: writ of execution with stipulation of judgment? i understand what i stipulation of judgment is but what is a writ? and how would they granish your bank account if they don't know where you bank ? unless you told them where you bank etc

Answer: The writ is simply a piece of paper from the court that makes you pay the money or gives the sheriff the authority to garnish your bank account or auction off your stuff. They would force you to provide this information to the court. If you didn't you'd be found guilty of "Contempt of Court" and jailed until you decided to comply. The information you would give would done under oath so if you lied about your bank account information they could prosecute you for "Perjury". An additional tactic they may take, especially if you don't have a bank account, is to have you provide the information of your employer then have your wages garnished directly from the workplace. There are many other options available to the courts in these matters. Trust me, if they want your money, they will get it. If you have other questions, feel free to e-mail me at [email protected] and I'll be happy to give you some in depth information.

Question: How soon can I enforce a judgment to garnish wages or lien property in California? I received a judgment from a divorce in my favor and wanted to know how soon can I (judgment creditor) file a writ of execution once I have received a notice of entry from the court? I've read that I can do this within 30 days, but also have heard 60 days? Thanks

Answer: call the court house

Question: What is statute of limitations in Ohio for deficiency judgment from foreclosure on investment property? I'm trying to determine how long a creditor can come after you for a deficiency judgment if you've had a foreclsoure on an investment home in Ohio. I found Ohio Revised Code 2329.08 (see below). Any thoughts? I am having trouble interpreting the grouping of the OR's in the law. Not sure if one had to live in the property themselves for some time. Thanks. 2329.08 Limitation of enforcement of deficiency judgment - waiver - pending actions. Any judgment for money rendered in a court of record in this state upon any indebtedness which is secured or evidenced by a mortgage, or other instrument in the nature of a mortgage, on real property or any interest therein, upon which real property there has been located a dwelling or dwellings for not more than two families which has been used in whole or in part as a home or farm dwelling or which at any time was held as a homestead by the person who executed or assumed such mortgage or other instrument, or which has been held by such person as a homesite, shall be unenforceable as to any deficiency remaining due thereon, after the expiration of two years from the date of the confirmation of any judicial sale of such property completed subsequent to the rendition of such judgment. Any execution issued upon such judgment, or any action or proceeding in aid of execution, or in the nature thereof, or to marshal liens, commenced prior to the expiration of such two year period, shall not be affected by this section. This section does not affect any action or proceeding in the nature of a creditor’s bill, commenced within such two year period, to subject the interest of the judgment debtor in any property owned at the date of such judgment and concealed with intent to hinder, delay, or defraud creditors.

Answer: You need to contact a real estate attorney in your area. Every situation is different, so this statute may or may not apply to you. The question of whether or not this applies to investment property needs to be answered by a real estate attorney in your state. From the description, it sounds like your home only, but not really sure because of all the "or" in the statute. It says that if the bank is going to sue you, they must obtain a judgment within two years of the foreclosure sale. A judgment is a court order that you owe someone money. It also says that creditors can pursue you past the two year limit to collect the judgment. Several large lenders, like Country Wide and Bank of America have been selling the loss from auctioning foreclosures at less than the mortgage owed. Credit bureaus have been purchasing the bad debt and will one day knock on someones door wanting to be paid. This statute protects the credit bureaus right to collect beyond the two year limit.

Question: Judgment against me in SC, writ of execution sent back Nulla Bona, now a court date...what can I expect? I received a default judgment against me for a credit card...I did not answer when I received the papers because I had no way to pay...I thought they'd get the judgment and it would go away. I got a writ of execution from the sheriff and it was sent back nulla bona because I have no assets to seize. No property in my name, an old car, and I have some horses. My husband and I got into financial trouble and we had to quit paying credit cards so we could pay the house payment. We got the horses when times were good (didn't buy them, they were given to us in trade for work my husband did remodeling someone's house--we could afford them then--I have given one away, and tried selling, but no takers) So, today I was served papers with a court date and all it says is to bring the last 5 years of income tax returns, any bank books, titles to anything in my name. And, it basically reads like they think I have more than what the sheriff was able to find, like I'm hiding income or have a secret business. I want to know what to expect at this court date and what will happen when they discover that I really have no assets that aren't exempt under the law? As long as I show up for the court date and bring the necessary paperwork, is there still a risk of jail?? I am a stay at home mom and the only income is my husband's. We are also a month behind on the house payment, so even though that's not in my name, does that help my situation as far as the judgment goes?

Answer: What you received is a standard part of post-judgment remedy available to a prevailing plaintiff. If you bring all the documentation that is required, the court will acknowledge that fact. The documents will show what you own and what you have had as income, as well as other information. The plaintiff may use that information in coming years to continue collection efforts. The judgment may remain active for a decade or more. If you fail to bring all the necessary documentation, the court may find you in contempt. There are a variety of sanctions available to the court, including incarcerating you.

Question: What do I do now that I have a filed judgment against my tenant? Ok, I have a judgment. Want to do a bank levy. Do I have to get the judgment recorded by the county recorder or just do the writ of execution?

Answer: First look for assets in the tenant's name, and use your judgment to file a lien.

Question: I paid a small claims judgment twice. How do I get it back? First I wrote a check and filed it with the superior court. On the same day, the plaintiff filed a writ of execution with the sheriffs department. The sheriff then took the same judgment electronically out of my bank account. Now the same judgment amount has been paid twice. How do I get the second payment back?

Answer: The sheriff should have checked before he did this. Start with him. Contact the Judge's clerk and ask for assistance.

Question: Do I need to fill out a satisfaction of judgment? Last year I sued my ex-boyfriend for a loan he never paid back. I won my case in small claims court and proceeded with an execution of property and income. To make a long story short, the sheriff went to his house sometime ago and he paid the judgment in full. I received my check last week and yesterday I received a refund for my income execution. I spoke to someone at the sheriffs office and she said the judgment was paid full therefore it was satisfied. Do I still need to fill out a satisfaction of judgment?

Answer: Yep!

Question: what you it found of the execution of Saddam Husseim? in its opinion the judgment of the Saddam Husseim was just? in its opinion, its execution goes to help the people of Iraq? where the execution goes to help the United States?

Answer: 1) No, his judgment was not just at all. 2) No, his execution only makes the people of Iraq more un-safe 3)It doesn't help the U.S at all, it only helps Bush become richer

Question: recovery the debt amount from family pension? as i have filed an execution against judgment debitor and the court have attached his salary and the derpartment of judgement debtor were sending attached salary to court in betweeen the judgment debtor expired let me know i can recover from the family pension or from the house of late judgement debitor as the al benfit i.e provident funds frauity etc been taken by the lr of late judgement debitor,

Answer: You can execute the decree against the judgment debtor's assets only.You have no right over the family pension.Also,you may have recourse against the debtor's house property only to the extent of his share therein and not a penny more.You may probably not be able to exercise any lien on the provident fund and gratuity already disbursed to the family members.

Question: What is the easiest procedure after I have exhausted all appeal options in my state on a civil judgment.? Very brief explination. I own a bonding company. I posted a pre-trail only bond for a defendnat. He pled guilty and was sentenced to 9 years in prison. The judge let him go home for 30 days before reporting to the prison. Missouri law says that when he is sentenced he is to imm. be taken into custody. I appealed and the appeals court denied my appeal saying it was legal, even though Missouri law says different. I need to get this decsion reversed in federal court, perhaps through a writ of certori, but what other than judicial desretion or judical activism do I argue. My problem is my attorny is my best friend and he is in uncharted territory. My wife and I have five kids and we really cant afford to pay this $100,000 judgment just becasue a judge and his buddies think it is ok to do what they did, even though it is in clear conflict with state law and the bond was marked clearly as Pre-trial a stay of execution would be a psot-trial matter. Please Help!

Answer: I would go to a lawyer that was in the business of doing that kind of thing that knew the waters and how to navigate them. If you want your computer fixed, do you take it to a plumber? Take the matter to someone that knows the way to go and how to navigate it.

Question: How do I file for a possession of property writ? I have an abstract and writ of execution for a money judgment. I need to add a writ for possession of property as I am unable to garnish wages and the debtor refuses to pay. Do I have to start the process all over again or can I ask the judge to add(amend) the origninal order? How do I go about doing this? The debtor is a commissioned employee of eight different companies in eight different states. Can I send the garnishment order to an office of the parent company located in the state of judgment and have someone forward it to legal? Please help! Thank you.

Answer: I don't know what state your in, But you can put a lien on their property , And make sure you have it recorded with the recorders office where their property is . The filing papers can be had at your courts office or the county recorders office , Now the rest I can" t help you with ! Good luck I thinks it's called a,, MECHANICALS LIEN PS Always make sure it recorded, so if they sell their house they have to pay you the money , thats why their are warranty company's ,, They will see a lien on it, You must be paid first before it can sell..

Question: what is a writ of execution in civil court? i have a writ of execution for a civil matter in supeiror court i sign a stipulation of judgment as well what does all this mean?

Answer: Simply put: In court the judge ruled against you and has ordered you to either pay a certain amount of money or turn over property that he has determined does not belong to you. As a stipulation of his judgement he has signed a writ of execution. What this writ means is if you don't pay the judgement the sheriff (or neutral party dictated by the judge) will be allowed to confiscate all the money in your bank accounts and auction off any personal property you own until the judgement is met. This personal property can be anything including, but not limited to: Cars, electronics, clothing, CD's/DVD's, furniture. I don't know what state you live in, but the best advice I can give is either to pay the judgement or immediately file for an appeal and apply for an extension of the writ pending the decision of the higher court. Depending on your state this may not be an option, but it's worth looking into.

Question: I just received a late writ of execution. What can they do? Today I found out that a judgment was filed against me South Carolina in 2007. I had moved to Maine and never received any notice to appear. Now I have a notice for a late writ of execution. It is from a collection agency. What can they do?

Answer: Garnishment is what they can do. Contact an attorney or legal aide. Like did you put in a change of address in a timely manner and such? Ruin your credit is another thing. Credit is extremely important. If you ever want to own a home or buy a car, bad credit will either make it so you cannot purchase on credit or you'll get the highest of interest rates for having bad credit or a judgment against you.

Question: How can I find out if a vehicle has a lien? I would like to obtain a writ of execution on it.? The person listed as the owner owes me money from a small claims judgment in Tennessee. I don't know how to find out if he has a bank account, so I cannot attach it. He cashed my check at my bank. He is a sole proprietor so he does not have to garnish himself. I am trying to collect. This is one sneaky snake and I could use all the advice I can get. Can I get a subpoena for information and find out where he banks?

Answer: You won't be able to garnish any of his assets without a judge's order. You need an attorney. If you get an attorney and sue, the cost of the attorney will be added to what he owes you. However, if he has NO ASSETS, you'll just lose more money. You COULD hire a company to investigate just what he does have in the way of assets. All this could get very expensive for you. Be careful that you don't run up your costs.. situations like this run on emotions... try to distance your emotional attitude toward the guy and make decisions based on facts and logic.

Question: Bob obtains a judgment against Ned and knows Ned earns a good salary at Widget, Inc. Bob should? A. ask the court to order Widget, Inc. to fire Ned if he doesn’t pay. B. obtain an order of garnishment. C. obtain a writ of execution. D. serve Ned with a request to admit he owes the judgment.

Answer: True, a wage garnishment would get the money a little at a time, but I'm not sure that can be done for anything other than child support or taxes. Besides, he might quit his job, change jobs, or get fired. A writ of execution lets the sheriff or constable go out and "attach" whatever he can find that could satisfy the judgment. The trick would be to find and identify Ned's bank account, his stocks, bonds, boat, stamp collection, rental property, etc. - anything that is negotiable or could be sold for money (but not his home, car, clothing, or tools of his trade, etc, which are exempt). Plus, the execution must be reissued every ten years to keep the judgment "alive," unless the judgment is paid off before then. That way, Bob can make Ned's life miserable for a long time! I think the answer is C.

Question: Can anyone help me understand a writ of execution? A sheriff brought me a paper stating that he was ordered to execute on any and all personal property of mine. However, the judgment is to my previous last name. I have been married for over a year and really the only thing "I" own is my car, and it's in my married name. So can they levy my car? Also my bank account is in my husband's and my name. I don't work, so those are not my wages. Can they withhold those funds even though the account is not in the name stated in the judgment? The sheriff didn't take anything, ask me about my personal possessions, bank account, or employment. If he was going to seize something wouldn't he have done it when he gave me the paper? Please only answer if you can help. Don't say "I don't know" or "ask a lawyer". I would appreciate only answers from people who have experience with this situation. Thanks so much!

Answer: Unless the law of your state is unusual, the difference in last name won't matter: it's an execution order on your personal property, regardless of your current name. Different states have different laws as to whether jointly owned (marital) property can be seized to pay off the debts of one spouse.