Next Step - Exemptions for Writ of Execution

[howdidithappen]

I posted earlier on this board. Chase obtained a Writ of Execution and my bank account was raided on 11/01. Monies in the account at that time were child support and alimony - my only sources of income. I looked at my state's judiciary website which indicated to write to the Court, sheriff and Chase advising them of the exemption. I gave them the amount that was Child Support and my income(alimony). I received in yesterday's mail a letter dated 11/19 from Chase to the Court that the Order should be in effect since they have no bank records, divorce decree, etc. from me. What's the next step? Who do I submit documents to? Will the Court just release the money? I'm behind on my mortgage due to this.

[HHM]

Typically, to claim an exemption in the civil arena, you file some paperwork with the court from where the judgment was issued. But the nuts and bolts of how to go about claiming an exemption are too court specific to really give you any general advice. But Chase has a point...you do have to "prove" in some way that the money is what you say it is.

[howdidithappen]

Will the Court release the money on Chase's say so? Will people at the Court House help me with finding the right paperwork? I didn't even get a judgment from these people.

[treehugger1]

There must be a judgment somewhere. You might call the bank and ask them for any copies of papers served on them. You might be able to determine which court issued the judgment. In some states you have several months to file your claim of exemptions. I don't know how to tell you to proced, but it sounds as if you definitely need to get yoru list of exemptions filed somewhere/somehow.

It is odd that you did not receive any previous paperwork before the suit or small claims (whatever legal vehicle they used.) In my state, you generally receive notice of your right to exemptions. This can happen after a writ has been issued.

Keep digging.

[SinkingFast]

I don't know how the Creditor got it, but an Auto Lender got a default Judgement against my Brother for a deficiency balance on a repo'd car.

Same as you,......... They raided his bank acct.

Same as you,.......... The money in the acct was Exempt per State Law. "Monies derived as a result of age or disability" is the way their Law reads. Brother and his wife drew SSDI, and Brother drew a Pension. Age and disability.

Brother got an attny. They went to Court. Brother did have to prove the sources of his income to the Court. Once the Court was satisfied the $$$'s were from age and disability, the Court ordered the Lender to return the funds to Brother.

The Judge also ordered the Lender and the Bank to pay Brother all fees and penalties he'd been charged while his bank acct had a deficit balance. The Judge was reprimanding the Bank for giving up the funds in the first place. Because the Banking Institution Garnishment clearly stated the "Age and Disability" Exemption on it.

Check at your local Court House. Maybe one of the clerks can advise you if there's a Form you need to fill out and file. Or if you have to write a Statement, what format you need to present that in. Maybe you have to go to Court and prove the sources of your income to a Judge. The Clerks might help you with instructions about how to get on the Docket.

[AtWitsEnd]

Out of curiosity, how long was it between the time you stopped paying Chase and when you were served?

[DivorceRuinedMe]

Out of curiosity, how long was it between the time you stopped paying Chase and when you were served?

6 months for me and I was served from Chase. I filed before they got a judgement.

[Lindsay]

Out of curiosity, how long was it between the time you stopped paying Chase and when you were served?

Chase served us less than 4 months after we stopped paying. Right around the 120 day mark. It was our smallest debt. We have another Chase card that is about 5 months behind, larger than the other one, and we haven't been served on that one yet. I bet it will come soon though. Chase is one that sues fast, I guess. We filed an answer with the court on November 15 and haven't heard anything back. We are hoping to hold off the BK until January or February. We are pretty much judgement proof anyway.