Eskanos & Adler - Beneficial..grrrr

[dktaprinss]

I live in California. I've had a Writ of Execution for garnishment hanging over my head from E & A Attorneys for Beneficial for about 4 years. They would not enforce it unless I stopped paying on time. Needless to say I've paid about 200% over what I originally owed Beneficial. Anyway! I've satisified the judgement amount in Nov 05. I thought~ I just received a Declaration of interest for $1100.00!!more! My question..on 2-2-2006, I received Form 1099 C from Beneficial stating "Cancellation of Debt." w/ the account and amount I paid them for 2005.. Does this cancel out the writ? Can they still legally try to garnish me for this interest amount?? Please help me!!!

 

[seniorjudge]

I live in California. I've had a Writ of Execution for garnishment hanging over my head from E & A Attorneys for Beneficial for about 4 years. They would not enforce it unless I stopped paying on time. Needless to say I've paid about 200% over what I originally owed Beneficial. Anyway! I've satisified the judgement amount in Nov 05. I thought~ I just received a Declaration of interest for $1100.00!!more! My question..on 2-2-2006, I received Form 1099 C from Beneficial stating "Cancellation of Debt." w/ the account and amount I paid them for 2005.. Does this cancel out the writ? Can they still legally try to garnish me for this interest amount?? Please help me!!!

The writ is not canceled till the creditors file with the court a written document stating that it has been canceled OR the court cancels the writ OR the writ is canceled by operation of law.

If none of these has happened in your case, then it appears the writ is still good.

But call the court clerk and ask if there has been some kind of cancellation of the writ.