GMAC has placed a judgment on me and the sheriff is calling me. I filled out my exemption form and sent it to the atty's not the clerk of court in NC. I have recently become unemployed and I have to amend that paper. What can I do to stop all of this? Need to elaborate they repo'd the car in 2005 and sold it, now they say I owe them $12,800.00 and they want to take my personal belongings. I did talk with legal aid and they said if they did that it would be bad PR especially with this economy. I need to know if I can stop freaking out about this.
If the sheriff is calling they are preparing to perform a sheriffs sale of you personal belongings to satisfy the defincieny judgment. Were you properly served with the Summons. If so, bankruptcy seems to be your only option.
If you were never served with a Summons, then you can move to vacate the original judgment for improper service of process. Do that, there can be no execution thereof and thus, no sheriffs sale.
Do you think they will let me do the move to vacate? Do I need to see the clerk of court for that? What other course of action do I need to take because they will come after me again? I did hire Lexington Law on Friday out of desperation.
Lexington Law can't help you on this matter. You are in the legal arena, that has nothing to do with credit repair. What is the exemption form you mentioned?
How do you know for sure that it is actually the sheriff that called you? I've never heard of a sheriff's department calling people for that reason. They just show up with a truck to start hauling your stuff away. You need to be sure that it actually is a sheriff calling you. It could be just a debt collector trying to scare you into paying. If they call you again ask for the deputy's name and his badge number then call the sheriff's office to see if that person actually works there and really is a deputy. Then you also need to go to the clerk of the court and ask to see your public record. They will show it to you on a computer screen and look for any judgments. If there are any then you need to ask to see the file. Once you have the file you can see when and where you were served. As Apex said, that can be the place to start. If you were never served you can make a motion to have it vacated as a void judgment because the court had no jurisdiction over you.
It was a deputy that called but I have not been served with anything. I have been sick all weekend over this and I don't know what recourse I may have. I have not done the equitable distribution from my divorce and the house is in both our names.
Ok, this is getting really frustrating, I just spoke with an atty in town and said if I were to do that good luck me not being an attorney and all. Said it could cost a couple thousand. Waiting on another call.
That's what you get for messing around with attorneys. You can easily learn how to do it yourself for a whole lot less than that. A couple of thousand just to prepare and file a few papers. All you need is to write up your motion, prepare a notice of hearing, an order of the court and a certificate of mailing. Piece of cake.
I am a novice, help me! What exactly do I need to file, what needs to be said, (Although the repo company broke into my house and that is on file with the sheriff's dept) maybe that might help although I doubt it!
While your advice is of course prudent, this is actually the 2nd time in just a few short weeks that someone from Pennsylvania has had a sheriff calling to execute a judgment. May be a new trend in the state.
Once a situation gets this far it is almost totally out of hand as far as the "victim" is concerned. The officers have the law and their guns on their side and there is no stopping them. It takes real planning and effort to prevent it from going this far in the first place.
Settle You have the option to settle with them. I don't think they care much about P.R. in any economy. send me an email or visit JudgmentMaster .com
Why should we believe that you know how to deal with judgments? I'm not trying to put you down when I say that, but in order to become believable you need to do something with that web site. The first thing that is wrong with it is using a free web site. Although they are more expensive than many other hosting providers Bluehost is one of a great many that give excellent customer service when trouble strikes. The choice of hosting providers is a vital one and the one you pick should be available by phone 24-7-365. If it isn't and your site goes down you are in for big problems. Another thing that questions your professionalism is claiming to help consumers with their judgment related problems then having a link to some company that specializes in collecting judgments is bad news indeed. Using carreonandassociates as a reference for statute of limitations for all states also shows that you haven't done your research. If you had you would know that their data base is very old and unreliable as are most such online lists. States do change their laws from time to time while web sites put up such a list and never keep it up to date. It just sits there and rots away with time. The only reliable way to find such information is to go to the actual state statute for each state but that can be very time consuming and frustrating. Lawdog.com seems to be about the most reliable. I'm trying to be helpful, not critical.
