Home > Research Legal Advice > Litigation > A writ has just been issued against me - what does this mean?
Asked 4 months ago - San Juan Capistrano, CA
FlagI 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!
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?
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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