warrant in debt
i am filling out a warrant and is asking if i want to waive homestead exemption.what should i do .ps am i legaly required to send a certified letter first.
1 Answer from Attorneys
Re: warrant in debt
You are filling out a Warrant in Debt? Just ignore the homestead exemption box. In YEARS of debt collection law, I have never paid any attention to that box and I have never seen it come up. I believe it would only apply as a DEFENSE raised by the Defendant and asserts whether you believe it has been waived. I have never seen any judge pay any attention to that item (and I have had to sit and watch thousands of cases by other attorneys being procesed while waiting for mine to be called.)
If you have any kind of a contract, READ IT and make sure that you are doing exactly what the contract SAYS you must do. It may require you to send some kind of notice, maybe by certified mail.
Generally speaking, though, you do not have to send a letter in advance of filing suit.
"Old school" legal thought was that YOU DO. That is, the money is not actually owed until you have made a demand for it, and the demand has been ignored. There was a time when you had to allege that you had made demand and the demand was ignored or refused. Some lawyers and judges still think that way. But by and large, it is not strictly required.
It is often a good idea. They might pay you without you going to a lot of trouble. Of course it could also prompt them to start hiding their money, too.
It is not required that you send any letter by certifed mail, but it helps to prove you actually sent it. I would suggest that you send it BOTH by regular mail AND certified, because people do not always pick up their certified letters.
HOWEVER.... When you file the Warrant in Debt, you SHOULD mail an extra copy of the WID to the Defendant or Defendants.
If the Sheriff only "posts" the WID on their door, you DO NOT have good 'service' on teh Defendant unless you havea lso mailed them a copy.
If the Sheriff puts it in their hand, you are okay. But if the Sheriff posts it on their door (usually on the door knob) you CANNOT proceed unless you have also mailed them a 2nd copy.
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