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Topic: How to Vacate or Quash a Writ of Execution

Created on: 07/07/22 08:55 AM

Replies: 0

KENNETH27


Joined: 01/01/20

Posts: 1

How to Vacate or Quash a Writ of Execution
07/07/22 8:55 AM

How to vacate or Quash a Writ of Execution on Real Property. Their was a lien put on property home 3 years ago from a family law attorney handling a divorce and custody of children.

The family law attorney got a default judgment on his former client with improper process of service. The former client did not know a lawsuit was filed against him. He never gotten a summons or complaint from the attorney while the client send a check for payment before the lawsuit was even filed. The attorney withheld the check from being cashed so he could file the lawsuit.

The client appealed the default judgment but was denied because the court did not have jurisdiction. Appealed to a higher court. Client showed up to the appeal but the attorney did not show up. The judge granted a continuance but the judge did not file it into the case. Courts were shut down because of covid. Now a Writ of Execution was filed on Real Property to get payment owed.
The former attorney breached his contract to his client by way of negligence when he represented him. Withheld admissible evidence to bring forth for his client and also prevented his key witness from testifying. The client also over heard the conversation from his former attorney and the ex-wife attorney saying they don't have enough money. Clearly the attorneys was just out there to unjustly enrich themselves.

So what's the best way to vacate or quash that writ of execution?
Also, how to vacate or quash the default judgment to force the hand of the judge that was suppose to place a continuance to appeal the default judgment?

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