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Can bankruptcy void writ of execution?

Scranton, PA |

I had no notice i was being sued from anyone .writ of execution from bank,frosen account,had no money in it.but fined by bank. all i have is a95 accord my late father gave me .i live w my boyfriend who owns his house inherited from his father. if i marry him could they take his house? my name isnt on it. I need my car boyfriend has dui suspension and no car we just saved his home from foreclosure .i drive him to and from work. cab they take anything my 17 year old son owns as he was given from my father. if i inherit when mom dies cna they take that? wasn't i supposed to be informed legally of suit against me and given chance to answer this. if this si a credit card its unsecured debt,..and from 12 years agai,.thats wehn i last paid on it due to divorce shild custody battle

Bank account in both my name and my boyfriends name.If my car is put in my name and my moms is it safe? also have noted a credit card company that rolled 2 credit cards through them into a new one and list it as different ,..i never had this card and this in my mind is fraud on their part the other two show as charged off but this one i dont know is the total of those two amounts .can i ever own anything or am i doomed to 0overty of creditor is unifund ccr parntners. have read bad things about them now bank added 190 fee and said i have to pay that and over drafts i am indignant now. having a nervous beakdown. cant tale more

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Attorney answers 2


A lot of questions there. The basics. If you get married your husband isn't responsible for the debt. Assets in your name may be liable to pay your debts. So, you don't want to put your name on assets unless you have some type of exemption for that asset or the value of it. Same holds true generally for inherited assets. If a creditor sues on an old debt and it legally served you and you did not respond, the creditor could obtain a judgment on an otherwise unenforceable debt. Statute of limitations is an affirmative defense that needs to be raised.

By responding to your question I do not intend to create, nor does it create an ongoing duty to respond to questions or an attorney-client relationship. My response is intended to be only my educated opinion and it should not be relied upon as legal advice. My response is based upon the facts provided and to the extent additional or different facts exist, my response might be different. I am an attorney is licensed to practice law only in Florida. To the extent that I am responding to a question posed by an individual in a different state, my response is being given to generally respond and the questioner is ALWAYS advised to consult a local attorney for a more specific and definitive answer to the question posed.



how do i get information on this,as to the specifics?. I am almost afraid to call the sheriffs not sure what type of attorney to speak to..If i loose my car i am ruined,.we both are,..surely there must be some limit to hardship,that can be afflicted.

Robert Edward Tardif Jr.

Robert Edward Tardif Jr.


If your vehicle is a 1995, my opinion is that the chance of them even pursuing the vehicle is very low. It is a very uncommon remedy to pursue because ordinarily it involves the creditor paying additional cost money. My experience has been that the creditor will normally not pursue a levy unless there is a likelihood of payment from the sale of the vehicle.



Thank you very much. it has been hell the last 12 years,and right now if i were to have no vehicle,..then we would be on the street. i dont know why they applied this to my checking account, has no money in it. more money is needed to live,...and there isnt any reason to put money in just to pay to retrieve it.with my boyfriends name on it that shouldnt have happened. its a joint account, now he is getting penalized by bank charging 190.00 fee for them being served this. plus overdraft,...doesnt his name being on it preclude that action?and if i did recieve inheritance if it were jointly apppointed if we were married would that be safe?mom is all frantic now as she is newly widowed and has made her will already.if there is any left i wsa to get soemthing. should she amend that or should i file bankrupcy to null this action for future holdings


You have too many questions woven into the primary question of whether an execution is voided by bankruptcy? If you were to file bankruptcy, that would discharge the debt. However, based upon the other information you presented, filing bankruptcy to discharge only that debt seems to be "overkill", and not necessary. Putting your name on accounts with your mother will only lead to trouble as one-half of the account will be presumed to be yours and subject to the claims of your creditors. The same applies to account(s) with your boyfriend so long as you are not married to him. If you do marry, out of an abundance of caution, suggest you close the present account and reopen one in joint names as tenants by the entireties. My suggestion is you consult with a consumer attorney to answer your question and protect your rights.

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Mr. Geisenberger is a Pennsylvania-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Jacques H. Geisenberger, Jr., P.C.,does not constitute legal representation, nor is any information you provide protected by attorney-client privilege.

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