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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

Posted

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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Posted

No, my last Chapter 13 was dismissed. I have a new attorney and he has told me that he will probably file a Chapter 7. I'm very scared that the HOA is going to take all of my money and I'll have nothing to live on. I tried to take some money out today but the bank was closed. The HOA's lawfirm has done all kinds of dishonest things - after the hearing, I thought that everything was on hold until March. The information I found on the court's site only says that a writ was issued.

Posted

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.

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Posted

Dear Mr. Kopelson, I was afraid that was the case - I am not in Chapter 13 at this time (that was another mess) and I now have an another attorney who believes we will file a Chapter 7. I need help now - do you have any recommendations? I just came from the bank and took out some more money but reached my daily limit. I hope and pray that the rest of my money is there when I go to the bank when they open. This is a nightmare for me that won't end.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

You should w/draw all the money you have in any bank accts asap, before the HOA levies on them. I am sorry that I dont know any atty in your area. try the avvo search feature, the county bar assn, ask you bk atty for a referral, etc.

Asker

Posted

Thank you. I'm going to the bank when it opens. I'll call my BK attorney tomorrow. I'm just so afraid.

Asker

Posted

I just withdrew all of my money. Thank God it was gone. I spoke with my attorney and he's not quite sure what I should do due to the details of my pending BK - I can't provide details here and need to find an attorney who handles matters in state court - my BK attorney only handles Federal Court.

Posted

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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Posted

Thank you. I just got my money and I need an attorney. I can't say too much about my case here but I just spoke with my BK attorney - he doesn't handle issues in state court and we're in a bind as to what do to. Do you have any suggestions or referrals for an attorney who can handle this? Thank you very much.

Constantine D. Buzunis

Constantine D. Buzunis

Posted

What kind of lawyer are you looking for, one that does HOA law and/or an appellate attorney?

Asker

Posted

I would presume I need a lawyer who deals HOA law and can help me with what my HOA has done to me. I'm not sure if I need one to help get the writ set aside or the fact that the law firm has engaged in what appears to be illegal or unethical practices (for example, I was never served, I don't have the paperwork for their filings, the fact that they had asked for a continuance of the case until the end of March and yet they had, just a few days before, filed for a judgement against me and less than a week after the hearing, obtained the judgement (all without my knowledge), etc. I personally attended the hearing at the judge made absolutely no mention of the judgement issue when I was in court and yet he granted the continuance. The law firm also knew that I had a meeting with my HOA's Board of Directors, and yet obtained the judgement two days before the board meeting. They also lied about how much I actually owe.

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