Question URGENT: May finally have to get off the pot

[dealingsdone]

Well I've been putting off my BK because I wanted to see what steps the credit cards and debters would take if I just waited and waited. Today I just recieved correspondence from an attorney that I owe money to in an unrelated matter. He has told me that he is: "SEEKING a WRIT of EXECUTION" to LEVY my bank accounts.

Can somebody tell me what exactly this entails. I owe the lawyer about 2500 dollars. Do I have any defense against this without going BK just yet? My bank accounts have very little money in them but I would hate to find them empty one day. Is a lawyer able to 'levy' my account this easily?

THanks,
dealingsdone

[LuciluS]

You could send him a Certified Letter asking him to produce the Signed Note
and charges.

This would delay any action for 30 days.

Google 'Produce the Note' form letter and you should be able to find one.

Luci

[dealingsdone]

You could send him a Certified Letter asking him to produce the Signed Note
and charges.

This would delay any action for 30 days.

Google 'Produce the Note' form letter and you should be able to find one.

Luci

good idea...when is the optimium time for me to send this note...

He has actually not officially notified me of his impending action, I got an email from my lawyer..so he can not prove I have been notified of this at all. Is that a factor?

thanks,
dealingsdone

[ready2puke]

Why don't you just empy out your bank accounts except for like 5 bucks....Take that to the bank sucker !!!!!!!!!!!

[dealingsdone]

Why don't you just empy out your bank accounts except for like 5 bucks....Take that to the bank sucker !!!!!!!!!!!

Well, I could do that, but then this idiot would try to find the next bank where I park the money I have remaining. If he was to get lucky and find it, he could wipe out most of my cash...In his emailed letter he stated he will continue to levy until he gets all his money...
I don't know exactly how the "Writ of execution' works. If he obtains this, is he able to Levy accounts from me endlessly or does it expire and will he have to continue to get new "Writs" from time to time?

dealingsdone

[dingdong]

Does this attorney already have a judgement against you?

[dealingsdone]

Does this attorney already have a judgement against you?

this was the ex-wife's attorney
as part of a terribly slanted divorce agreement, that I almost had a gun to my head to sign, he was awarded these attorney fees. this was a last second agreement, outside of the courtroom.

[jennordhavn]

this was the ex-wife's attorney
as part of a terribly slanted divorce agreement, that I almost had a gun to my head to sign, he was awarded these attorney fees. this was a last second agreement, outside of the courtroom.

Are you in CA? A Writ is only good for the bank listed on it. So if he were to get the Writ and Levy, it would be for the account listed and the bank would be served and then take the money out. Levy's are only good one time, so if he didn't get all of the money, he would have to do a new Levy for each attempt.

[dealingsdone]

Are you in CA? A Writ is only good for the bank listed on it. So if he were to get the Writ and Levy, it would be for the account listed and the bank would be served and then take the money out. Levy's are only good one time, so if he didn't get all of the money, he would have to do a new Levy for each attempt.

Yes I am in CA THis is good information for me. So if I understand you correctly he has to already know the specific bank. Does he need to know the account number? Can he freeze and levy accounts that are my young childrens, since I am adult signer for those?

thanks,
dealingsdone.