Application For Writ Of Execution Page 6
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11IF THE PROPERTY DOES NOT BELONG TO YOU, OR IF YOU ARE AWARE OF
OTHER REASONS WHY THIS PROPERTY SHOULD NOT BE TAKEN, YOU OR THE
OWNER OF THE PROPERTY MAY WANT TO CONSULT AN ATTORNEY.
Because of the execution, the sheriff or constable has seized your property and will
deliver it to the Plaintiff or sell it.
If you believe that the Writ of Execution was issued improperly or you are entitled to an
exemption, DO THE FOLLOWING IMMEDIATELY. You have a deadline of ten(10) days
from the date the Plaintiff mailed or delivered this notice to you.
1.
Check the appropriate box(es) in paragraph one of the attached “Request for a
Hearing.”
2.
Sign your name in the space indicated and write the address where the Court
Clerk is to notify you of the hearing.
3.
Mail or take the “Request for Hearing” to the Court Clerk and to the Plaintiff or
the Plaintiff’s attorney within ten (10) days from the date this notice was mailed
or delivered to you. Keep a copy for your records. The Court will set the matter
for hearing and notify you. You have the right to a hearing within ten (10) days
from the date the Court Clerk receives your claim. At the hearing in Court, you
will have to prove that your property is exempt or the Writ of Execution was not
properly issued. You should bring any documents which may help to prove your
claim.
A KNOWINGLY MADE FALSE STATEMENT ON THE FORM MAY SUBJECT YOU TO
CRIMINAL PENALTIES.
You may want to consult an attorney for advice or assistance concerning the hearing. If
you do not come to Court at the designated time and prove that the execution was issued
improperly or that your property is exempt, you may lose some of your rights.
If you do not request a hearing within the time specified above, but believe that the
execution was issued improperly or that you are entitled to an exemption, you should consult an
attorney.
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