What happens when a claim of exemption is denied?

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What happens when a claim of exemption is denied?

A default judgement was obtained against me for non-payment to divorce lawyer. It took 1 1/2 years to get divorced and cost $9K; lawyer is still owed lawyer $5K. He filed a “writ of execution”. I filed claim of exemption. He contested that I didn’t reply in allotted time; he won (I was 1 working day late). Judge said recess. We left and I have no clue what happens next. Petitioner wants my truck to pay off debt and is seeking seizure by sheriff. Will they give me some kind of notice? Do I have another hearing to finalize that? Last hearing was for disputing my claim of exemption.

Asked on May 2, 2011 under Bankruptcy Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh boy.  And what you do not need is more legal fees to combat the legal fees.  A "recess" generally means a break in the proceedings but that the proceedings will continue at some point in time.  Did they give you an adjourn date?  I would check with the courts to see about the next time the matter is on.  It will be.  Now, in the event that the hearing was yet to be concluded - and if there was no order issued regarding the hearing then it has not been concluded - I would look up the statute that deals with the filing of the claim of exemption and see if it "absolute," meaning that you need to see if the Judge's have any leeway in the matter.  Google case law on the statute or code and see if any cases come up that says the court hsa "discretion" to accept the filing one day late for any reason.  Then make an application to the court based upon that discretion.  Good luck to you.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh boy.  And what you do not need is more legal fees to combat the legal fees.  A "recess" generally means a break in the proceedings but that the proceedings will continue at some point in time.  Did they give you an adjourn date?  I would check with the courts to see about the next time the matter is on.  It will be.  Now, in the event that the hearing was yet to be concluded - and if there was no order issued regarding the hearing then it has not been concluded - I would look up the statute that deals with the filing of the claim of exemption and see if it "absolute," meaning that you need to see if the Judge's have any leeway in the matter.  Google case law on the statute or code and see if any cases come up that says the court hsa "discretion" to accept the filing one day late for any reason.  Then make an application to the court based upon that discretion.  Good luck to you.


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