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Re: [tips_and_tricks] Court Clerk Signature

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  • puma@carlsbadnm.com
    Patrick, Yes that is a proper procedure. Further, if there was a fee paid in connection with the writ, that cost will be added to what you owe. Also there is
    Message 1 of 11 , Sep 2, 2003
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      Patrick,
      Yes that is a proper procedure. Further, if there was a fee paid in connection with the writ, that cost will be added to what you owe. Also there is interest running on the amount of the judgment against you, that increases what you owe on a daily basis. Your best bet to make this all go away, is to negotiate a payoff, or negotiate a payment plan with the judgment holder and then pay up.
      Hope that helps,
      Bud


      At 05:17 PM 09/02/2003, you wrote:
      Hey all,
      Is the signing of a WRIT OF EXECUTION by a court clerk proper
      procedure? If so or if not can someone tell me where I can find
      supporting informaiton? I am in Utah. Response greatly appreciated!

      Gung-Ho,
      Patrick



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    • Royce Mitchell, Jr
      The signature of the clerk constitutes signature of the judge in a default judgment. That is in the Rules. Respectfully, Royce ... From: shaffersys@cox.net To:
      Message 2 of 11 , Sep 3, 2003
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        The signature of the clerk constitutes signature of the judge in a default judgment. That is in the Rules.
         
        Respectfully,
         
        Royce
        ----- Original Message -----
        Sent: Tuesday, September 02, 2003 8:50 PM
        Subject: Re: [tips_and_tricks] Court Clerk Signature

        Show me anywhere in the constitution the clerks were given this power?

        >
        > From: "dpatrick119" <dpatrick119@...>
        > Date: 2003/09/02 Tue PM 07:17:45 EDT
        > To: tips_and_tricks@yahoogroups.com
        > Subject: [tips_and_tricks] Court Clerk Signature
        >
        > Hey all,
        > Is the signing of a WRIT OF EXECUTION by a court clerk proper
        > procedure? If so or if not can someone tell me where I can find
        > supporting informaiton? I am in Utah. Response greatly appreciated!
        >
        > Gung-Ho,
        > Patrick
        >
        >
        >
        >
        > To unsubscribe from this group, send an email to:
        > tips_and_tricks-unsubscribe@yahoogroups.com
        >

        >
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        >
        >
        >




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      • Richard Johnson
        Here s the definition from law.com: ( http://dictionary.law.com/ ) writ of execution n. a court order to a sheriff to enforce a judgment by levying on real or
        Message 3 of 11 , Sep 3, 2003
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          Here's the definition from law.com: ( http://dictionary.law.com/ )

          writ of execution
          n. a court order to a sheriff to enforce a judgment by levying on real or
          personal property of a judgment debtor to obtain funds to satisfy the
          judgment amount (pay the winning plaintiff).
          See also: execution

          execution
          n. 1) the act of getting an officer of the court to take possession of the
          property of a losing party in a lawsuit (judgment debtor) on behalf of the
          winner (judgment creditor), sell it and use the proceeds to pay the
          judgment. The procedure is to take the judgment to the clerk of the court
          and have a writ of execution issued which is taken to the sheriff (or
          marshal, constable or other authorized official) with instructions on what
          property to execute upon. In the case of real property the official must
          first levy (place a lien on the title), and then execute upon it (seize
          it). However, the judgment debtor (loser in the lawsuit) may pay the
          judgment and costs before sale to redeem real estate. 2) carrying out a
          death sentence.

          --
          Richard Johnson richard@...
          Cuis custodiet ipsos custodes? Cui bono?
        • Patrick Packer
          What about personal property? Richard Johnson wrote:Here s the definition from law.com: ( http://dictionary.law.com/ ) writ of execution
          Message 4 of 11 , Sep 3, 2003
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            What about personal property?

            Richard Johnson <richard@...> wrote:
            Here's the definition from law.com:  ( http://dictionary.law.com/ )

            writ of execution
            n. a court order to a sheriff to enforce a judgment by levying on real or
            personal property of a judgment debtor to obtain funds to satisfy the
            judgment amount (pay the winning plaintiff).
            See also: execution

            execution
            n. 1) the act of getting an officer of the court to take possession of the
            property of a losing party in a lawsuit (judgment debtor) on behalf of the
            winner (judgment creditor), sell it and use the proceeds to pay the
            judgment. The procedure is to take the judgment to the clerk of the court
            and have a writ of execution issued which is taken to the sheriff (or
            marshal, constable or other authorized official) with instructions on what
            property to execute upon. In the case of real property the official must
            first levy (place a lien on the title), and then execute upon it (seize
            it). However, the judgment debtor (loser in the lawsuit) may pay the
            judgment and costs before sale to redeem real estate. 2) carrying out a
            death sentence.

            --
            Richard Johnson                                          richard@...
            Cuis custodiet ipsos custodes?     Cui bono?



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          • John Wilde
            Royce, That is too general of a statement. In most states, not all, but most, if it is a Court not of record, the Clerk has virtually no power. Only the
            Message 5 of 11 , Sep 3, 2003
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              Royce,

                  That is too general of a statement.  In most states, not all, but most, if it is a Court not of record, the Clerk has virtually no power.  Only the judge, magistrate, hearing officer, what ever title he/she may hold has the power to initiate process.

                  Only in Courts of Record does the court act through its clerk in certain areas.

              g'day
              John Wilde

              Royce Mitchell, Jr wrote:
              The signature of the clerk constitutes signature of the judge in a default judgment. That is in the Rules.
               
              Respectfully,
               
              Royce
              ----- Original Message -----
              Sent: Tuesday, September 02, 2003 8:50 PM
              Subject: Re: [tips_and_tricks] Court Clerk Signature

              Show me anywhere in the constitution the clerks were given this power?

              >
              > From: "dpatrick119" <dpatrick119@...>
              > Date: 2003/09/02 Tue PM 07:17:45 EDT
              > To: tips_and_tricks@yahoogroups.com
              > Subject: [tips_and_tricks] Court Clerk Signature
              >
              > Hey all,
              > Is the signing of a WRIT OF EXECUTION by a court clerk proper
              > procedure? If so or if not can someone tell me where I can find
              > supporting informaiton? I am in Utah. Response greatly appreciated!
              >
              > Gung-Ho,
              > Patrick
              >
              >
              >
              >
              > To unsubscribe from this group, send an email to:
              > tips_and_tricks-unsubscribe@yahoogroups.com
              >

              >
              > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
              >
              >
              >




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            • bowman7a
              I myself would want to see an original and recorded signed Power Attorney document signed by the Judge giving the clerk the power, and then I would want to see
              Message 6 of 11 , Sep 3, 2003
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                I myself would want to see an original and recorded signed Power
                Attorney document signed by the Judge giving the clerk the power, and
                then I would want to see an original and recorded surety bond that is
                required to be on file with the State Treasure.
              • Denise and Scott Harclerode
                In Texas, a writ of garnishment is issued by the clerk of the court. Title 63 of the CPRC. -s
                Message 7 of 11 , Sep 3, 2003
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                  In Texas, a writ of garnishment is issued by the clerk of the court.  Title 63 of the CPRC.

                  -s

                   

                   

                • John
                  This is a copy of Utah Civil Rule 69 - all the procedures you are refering to are found under Provisional and Final Remedies and Special Proceedings which are
                  Message 8 of 11 , Sep 5, 2003
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                    This is a copy of Utah Civil Rule 69 - all the procedures you are
                    refering to are found under Provisional and Final Remedies and
                    Special Proceedings which are Utah Civil Rule 64A - 71B of the civil
                    rules. You can read the Civil Rules at
                    http://www.utcourts.gov/resources/rules/urcp/index.htm
                    Hope this helps..
                    John


                    Rule 69. Execution and proceedings supplemental thereto.

                    (a) Availability of writ of execution. A writ of execution is
                    available to a judgment creditor to satisfy a judgment or other order
                    requiring the delivery of property or the payment of money by a
                    judgment debtor.


                    (b) Property subject to execution. A writ of execution may be used to
                    levy upon all of the judgment debtor's personal property and real
                    property which is not exempt from execution under state or federal
                    law.


                    (c) Issuance of writ of execution. Unless otherwise ordered by the
                    court, a writ of execution may be issued at any time within eight
                    years following the entry of a judgment or order (except an execution
                    may be stayed pursuant to Rule 62), either in the county in which
                    such judgment was rendered, or in any county in which a transcript
                    thereof has been filed and docketed in the office of the clerk of the
                    district court. Notwithstanding the death of a party after judgment,
                    execution thereon may be issued, or such judgment may be enforced, as
                    follows:


                    (1) In case of the death of the judgment creditor, upon the
                    application of an authorized executor or administrator, or successor
                    in interest.


                    (2) In case of the death of the judgment debtor, if the judgment is
                    for the recovery of real or personal property or the enforcement of a
                    lien thereon.


                    (d) Contents of writ and to whom it may be directed. The writ of
                    execution shall be issued in the name of the State of Utah, and
                    subscribed by the clerk of the court. It shall be issued to the
                    sheriff or constable of any county in the state (and may be issued at
                    the same time to different counties) but where it requires the
                    delivery of possession or sale of real property, it shall be issued
                    to the sheriff of the county where the real property or some part
                    thereof is situated. If it requires delivery of possession or sale of
                    personal property, it may be issued to a constable. It must
                    intelligibly refer to the judgment, stating the court, the docket
                    number, the county where the same is entered or docketed, the names
                    of the parties, the judgment, and, if it is for the payment of money,
                    the amount thereof, and the amount actually due thereon. The writ may
                    be accompanied by a praecipe executed by the judgment creditor or the
                    judgment creditor's counsel generally or specifically describing the
                    real or personal property to be levied upon. It shall be directed to
                    the sheriff of the county in which it is to be executed in cases
                    involving real property, and shall require the officer to proceed in
                    accordance with the terms of the writ; provided that if such writ is
                    against the property of the judgment debtor generally it may direct
                    the sheriff or constable to satisfy the judgment, with interest, out
                    of the non-exempt personal property of the debtor, and if sufficient
                    non-exempt personal property cannot be found, then the sheriff shall
                    satisfy the judgment, with interest, out of the judgment debtor's non-
                    exempt real property.







                    --- In tips_and_tricks@yahoogroups.com, "Royce Mitchell, Jr"
                    <rmitchel@f...> wrote:
                    > The signature of the clerk constitutes signature of the judge in a
                    default judgment. That is in the Rules.
                    >
                    > Respectfully,
                    >
                    > Royce
                    > ----- Original Message -----
                    > From: shaffersys@c...
                    > To: tips_and_tricks@yahoogroups.com
                    > Sent: Tuesday, September 02, 2003 8:50 PM
                    > Subject: Re: [tips_and_tricks] Court Clerk Signature
                    >
                    >
                    > Show me anywhere in the constitution the clerks were given this
                    power?
                    >
                    > >
                    > > From: "dpatrick119" <dpatrick119@y...>
                    > > Date: 2003/09/02 Tue PM 07:17:45 EDT
                    > > To: tips_and_tricks@yahoogroups.com
                    > > Subject: [tips_and_tricks] Court Clerk Signature
                    > >
                    > > Hey all,
                    > > Is the signing of a WRIT OF EXECUTION by a court clerk proper
                    > > procedure? If so or if not can someone tell me where I can find
                    > > supporting informaiton? I am in Utah. Response greatly
                    appreciated!
                    > >
                    > > Gung-Ho,
                    > > Patrick
                    > >
                    > >
                    > >
                    > >
                    > > To unsubscribe from this group, send an email to:
                    > > tips_and_tricks-unsubscribe@yahoogroups.com
                    > >
                    > >
                    > >
                    > > Your use of Yahoo! Groups is subject to
                    http://docs.yahoo.com/info/terms/
                    > >
                    > >
                    > >
                    >
                    >
                    >
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