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Motion for Entry of Judgment and Issuance of writ of execution

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bongabila


Arresto Menor

Dear Sirs:

I have received this motion today. This is regarding a credit card debt that I had not been able to pay due to business failures.

I wish to know what I can do to forestall this motion so I could have time to look for ways to pay. The hearing date for this motion is just one week from now. Shall I attend this hearing? What can I submit to the court? I have no lawyer for this case since the beginning due to financial reasons.

Please help me on this.

attyLLL


moderator

in execution, the sheriff will first send a notice to you demanding that you pay to satisfy the award. if you do not pay, he will garnish your bank accounts, if none can be found, he will look into your registered properties such as land, cars, and stocks. if none, he will go to your house and get personal property.

you can appear at the hearing, and ask for 10 days to comment on the motion. use the time to work out a payment schedule with the creditor.

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bongabila


Arresto Menor

I thank you for the advise. May I know if the sheriff would not go for the personal properties right away. Will he follow that process of sending notification first, etc..?

After I attend the hearing, to whom shall I discuss the schedule of payment? with the creditor or with the lawyers of the creditor? Honestly, I would prefer to talk to the creditor.

Thank you again.

attyLLL


moderator

nego is not a matter of legal process, you can talk to either one, but if you are talking to them, i don't think the sheriff will be rushing to execute.

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