Expert Advice When You Need It Most

How to stop a fifa writ of execution?

I was in an auto accident that was determined to be my fault. At the time I was driving my mother's car and she had no insurance (which I did not know). The other party's insurance company paid for the repairs and sent me the bill. I filed bankruptcy and was discharged and now the auto company has filed a fifa writ of execution. Is there any way to stop this? And if so how? Or what other options do I have?

Save

Attorney answers (3)

Reputation Level 8
If the judgment was dischaged in bankruptcy, send them notice and contact your bankruptcy lawyer. If the fifa is against your mother and she did not file bankruptcy, then there is nothing to do.

Reputation Level 14
You notify the creditor (the insurance company) that you filed bankruptcy. You need to speak with the attorney (assuming you used one) who filed the bankruptcy and make sure he listed this potential claim against you as the failure to list the claim can act to waive the opportunity to get the claim discharged. If the fifa is against your mother, this was not released by your bankruptcy.

Nothing in this posting shall be deemed to create an attorney client relationship. If you wish to create an attorney client relationship, you should communicate with an attorney of your choosing, in private, to create a formal relationship.

Reputation Level 7
If the fifa is against you, then you should consult with your bankruptcy lawyer to see whether you listed the insurance company as a creditor on your bankruptcy petition and whether the fifa existed at the time of filing.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now