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Many time clients come right into my office with a writ that execution notice from the sheriff’s department. The customer is periodically surprised the they were served this file by the sheriff’s department. The writ that execution may be native a referee that is plenty of years old. The time line or script is commonly as follows:
Several years ago you got a file from the sheriff’s department. You looked the the paper and foolishly threw that in the trash. The record was law suit. You had actually 30 work to file an answer and respond to the lawsuit. Since girlfriend did not formally and also legally respond come the lawsuit, the attorney for the referee creditor showed up in court and told the referee you did no respond come the lawsuit. Of course, you do not to visit the court hearing . The judge then confirm the court record and there to be no legal solution by you on the lawsuit. The judge and also then gone into a “default judgment” order against you. In other words, because you go not legally respond to the lawsuit, you immediately lost the lawsuit. There is currently a judgment against you.
Several weeks or numerous years later on you probably received another record known as a “notice of best to clues exemptions” (see ours blog on this topic) .You most likely looked at this record and also threw the in the trash. This is simply what the judgment creditors attorney desire you come do. Due to the fact that you did not exempt any of her property under the phibìc Carolina basic Statutes in the notification of best to designate exemptions form, all of your property deserve to be seized by the Sheriff’s office with the writ that execution. In various other words, the sheriff have the right to seizure furniture, clothes, automobiles, and also sell them at the Sheriff’s auction to salary on the judgment versus you.
What you have to be especially careful of concerning a writ that execution, is the Sheriff’s department can get in your financial institution accounts and take money the end of the financial institution accounts . Normally the sheriff’s department does not educate you there going to execute this. The will most likely put girlfriend in a very bad mood as soon as you get notification that her checks are bouncing and also you carry out not know why . The reason is your bank accounts room now empty and the sheriff department, via the writ of execution, has seized all the money indigenous the financial institution accounts.
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In the event you receive a an alert of a writ that execution, you should instantly contact an attorney , such as Duncan legislation at 704-297-4000, to gain legal advice regarding what procedures are required to defend your property. Thing 7 or chapter 13 bankruptcy may be an choice for you to prevent the writ that execution. Remember, writs of execution are an extremely serious court proceedings.