Pineville, LA asked in Bankruptcy, Collections and Real Estate Law for Louisiana

Q: Received legal documents for sheriff sale; dispute needed as I owe nothing on home.

I owe a person $33,000, and I have been paying him $600 monthly since December 2024 after settling a portion through bankruptcy. Today, I received legal documents regarding a sheriff sale on my home, which I don't owe him anything on. What steps can I take to dispute or prevent the sheriff sale?

2 Lawyer Answers

A: Go get a complete copy of the file and take it to your lawyer immediately. More information from the file is needed to properly answer this question.

James L. Arrasmith
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Answered

A: You're facing a serious situation that needs immediate attention. First, carefully review all the legal documents to understand who filed for the sheriff sale and on what grounds they're claiming a right to your property. Look for any case numbers, court information, and filing dates as these will be crucial for your next steps.

You should immediately contact a bankruptcy attorney to help you file an emergency motion to stop the sale. Since you've already gone through bankruptcy proceedings, your attorney can explain how your previous settlement affects this new claim and can help determine if the creditor is violating the terms of your bankruptcy discharge by attempting to seize your home.

Gather all documentation showing your payment history, bankruptcy discharge papers, and any evidence proving the home isn't collateral for the $33,000 debt. Time is essential in these cases, so consider reaching out to your local legal aid society if you need help but have limited funds. Remember that stopping a sheriff sale requires prompt legal action, so don't delay in seeking help and filing the necessary motions with the court.

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