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A writ has just been issued against me - what does this mean?

San Juan Capistrano, CA |

I have been in a horrible ongoing mess for a long time. 3 Chapter 13 BKs since 2009, the Bar Association is investigating my last BK attorney for taking huge amounts of money from me without consent from the court. My mortgage company is finally working with me, as is one of my two HOAs. The other HOA, however, is simply evil! As I've noted in previous questions, they've been doing all kinds of things to me. At a hearing in November, the judge continued the management hearing until the end of March. At the same time, my HOA Board of Directors agreed to "work with me" but completely unknown to me, their sleazy "law firm" filed all kinds of things against me - I was never notified and they entered a default judgement against me right after the management hearing. Help!

I just learned that despite the Board of Directors claim that they were going to work with me, the law firm filed and obtained a "writ" against me a few days ago. What does this mean?

Attorney Answers 3

  1. Sounds like you have a plethora of legal issues. If a default judgment has been entered, then the "writ" is probably a writ of execution, which means the judgment creditor can levy on your bank accounts and garnish your wages. You'll need to make a motion to set aside the default and vacate the default judgment. Are you still in Chapter 13 bankruptcy?

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. Sorry to say, but you need to find a way to hire a lawyer to help with the HOA case. You need to file a motion to set aside the default asap. If you are still in chapt 13, unless they got the stay lifted in BK court, they should not be pursuing the case. Report that to the BK atty, the chapt 13 trustee, and or the bk court.

  3. i agree with Attorneys Chen and Kopelson.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

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