Posted by Ms. Fish on 5/20/03

More | Report Post

My elderly mother is mentally and physically disabled and
totally housebound. Her only income is social security
disability. A creditor for a debt she incurred years ago
got a judgement and filed for a deposition to find out her
assets. My mother lives with me, and I arranged for the
creditor's attorney to come to the house for the
deposition, but my mother became so disoriented that I
cancelled and requested rescheduling when her doctor said
she was able.

The creditor then obtained a writ of bodily attachment. I
mailed the attorney a notorized letter stating that my
mother has no assets and only receives disability payments.
I enclosed copies of her house foreclosure, car
repossession, closed bank account, and approval for
foodstamps. I then spoke to the attorney, explaining my
mother's condition, and said we would go forward with the
deposition regardless of her condition because we didn't
want the sheriff to come and get her. He said she
appeared "judgment proof,' but that he would call back to
arrange a time. That was three months ago, and we have
heard nothing from him.

Under the circumstances, can we ask the judge to quash the
writ, because they are not following through, while my
mother continues to be subject to arrest? I have power of
attorney. Thank you, T. L. Fish

Writ of Bodily Attachment, 5/20/03, by Ms. Fish.

Due Process Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST