Legal Motion Contesting Writ

Yes, you can send the motion as a verified document. This means you will need to include a verification statement at the end of your motion, which you will sign before a notary public. Here’s how you can add the verification:
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U.S. Bankruptcy Court for the District of Rhode Island
Motion to Contest the Writ of Execution
Case No: *:*-bk-*
Plaintiff: Karen Merritt
Defendant: * Fountain Street, LLC
Date: January *, *
Honorable Judge Diane Finkle,
Introduction:
I, Karen Merritt, respectfully submit this Motion to Contest the Writ of Execution issued against me in the case related to Classic Display, Inc. (Case No: *:*-bk-*) by the U.S. Bankruptcy Court for the District of Rhode Island.
Homestead Exemption:
- On January *, *, I filed a Homestead exemption with the Bristol County Registry of Deeds, providing mewith $* million coverage under the Massachusetts Homestead Act (Mass. Gen. Laws ch. *, § * et seq.).
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
Conclusion:
Based on the Homestead protection, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address:

Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is true and correct.
Date: ___________
Signature: ______________________
Karen Merritt
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Typically, legal documents require double-spacing, and using a monospaced font like Courier is appropriate. Here's a concise guide:
- Double-space the entire document.
- Use Courier or Courier New font.
Would you like assistance with anything else?

Sure, here’s the signature and verification section:
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Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is true and correct.
Date: ___________
Signature: ______________________
Karen Merritt
---
Would you like assistance with anything else?

You do not have to handwrite your signature. In legal documents, you can use an electronic signature format such as "/s/ Karen Merritt" which is legally recognized.
Would you like any further assistance with your motion or any other legal queries?

The timing of your Homestead declaration is important:
- Massachusetts Homestead Act provides protection from the date of filing.
- Since the writ was filed before your Homestead declaration, it may not protect against this specific writ.
- Consult a legal expert to explore potential defenses or arguments.
Do you have additional questions or need further assistance?

The Massachusetts Homestead Act generally protects a homeowner's primary residence from certain creditors. However, timing can affect the protection provided.
- The protection applies if the Homestead declaration is filed before the writ of execution.
- Since your Homestead declaration was filed after the writ, it may not protect against that specific writ.
Would you like assistance on other legal options to contest the writ?

In Massachusetts, a creditor generally must obtain a judgment and then place a lien on the property as part of the process. Here are a few steps you can consider:
- Verify Lien: Check if any lien has been recorded against your property.
- Challenge Procedures: If no lien was placed, you can challenge the execution based on improper procedure.
- Seek Legal Advice: Consult a local attorney for specific guidance on your situation.
Would you like more detailed information on any of these steps?

Yes, you should update this information in your motion. Here’s the revised section:
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Introduction:
I, Karen Merritt, respectfully submit this Motion to Contest the Writ of Execution issued against me in the case related to Classic Display, Inc. (Case No: *:*-bk-*) by the U.S. Bankruptcy Court for the District of Rhode Island.
Homestead Exemption:
- On January *, *, I filed a Homestead exemption with the Bristol County Registry of Deeds, providing me with $* million coverage under the Massachusetts Homestead Act (Mass. Gen. Laws ch. *, § * et seq.).
Lack of Lien:
- I have confirmed with the clerk that no lien has been recorded on my property at * Oak Street, Norton, MA.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
Conclusion:
Based on the Homestead protection and the lack of recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is true and correct.
Date: ___________
Signature: ______________________
Karen Merritt
---
Would you like any further assistance with your motion or other legal matters?

Yes, including the fact that no lien has been recorded on your property could strengthen your motion. Here’s how you can update it:
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U.S. Bankruptcy Court for the District of Rhode Island
Motion to Contest the Writ of Execution
Case No: *:*-bk-*
Plaintiff: Karen Merritt
Defendant: * Fountain Street, LLC
Date: January *, *
Honorable Judge Diane Finkle,
Introduction:
I, Karen Merritt, respectfully submit this Motion to Contest the Writ of Execution issued against me in the case related to Classic Display, Inc. (Case No: *:*-bk-*) by the U.S. Bankruptcy Court for the District of Rhode Island.
Homestead Exemption:
- On January *, *, I filed a Homestead exemption with the Bristol County Registry of Deeds, providing me with $* million coverage under the Massachusetts Homestead Act (Mass. Gen. Laws ch. *, § * et seq.).
No Lien Recorded:
- As of [current date], no lien has been recorded against myproperty at * Oak Street, Norton, MA.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
Conclusion:
Based on the Homestead protection and the absence of any recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address:

Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is true and correct.
Date: ___________
Signature:

In Massachusetts, a creditor generally has a specific period to act after a writ of execution is issued. Here are some key points:
- Recording Lien: There is no strict deadline for recording a lien, but it typically needs to be done promptly to enforce the judgment.
- Action Period: Creditors must act within a reasonable time to avoid challenges based on delay.
Would you like more detailed information on the process or assistance with your motion?

Here's a concise way to include this information in your motion:
---
U.S. Bankruptcy Court for the District of Rhode Island
Motion to Contest the Writ of Execution
Case No: *:*-bk-*
Plaintiff: Karen Merritt
Defendant: * Fountain Street, LLC
Date: January *, *
Honorable Judge Diane Finkle,
Introduction:
I, Karen Merritt, respectfully submit this Motion to Contest the Writ of Execution issued against me in the case related to Classic Display, Inc. (Case No: *:*-bk-*) by the U.S. Bankruptcy Court for the District of Rhode Island.
Homestead Exemption:
- On January *, *, I filed a Homestead exemption with the Bristol County Registry of Deeds, providing me with $* million coverage under the Massachusetts Homestead Act (Mass. Gen. Laws ch. *, § * et seq.).
Fraudulent Conveyance and Existing Lien:
- The assignee, James Tiernan, already has a lien taking all the equity from * Oak Street through fraud- * Oak Street was included in a fraudulent conveyance by James Tiernan, the assignee of * Fountain Street, on October *, *.
- The Southeast Housing Court ordered execution for possession, leading to my eviction and subsequent move to * Oak Street.
- The writ is based on fraud, and no further action has been taken because Mr. Tiernan already has a lien on the property.
No Lien Recorded:
- As of [current date], no additional lien has been recorded against my property at * Oak Street, Norton, MA.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
Conclusion:
Based on the Homestead protection, the fraudulent conveyance, and the absence of any additional recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address:

Respectfullysubmitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is true and correct.
Date: ___________
Signature: ______________________
Karen Merritt
---
Would you like any further assistance with your motion or any other legal queries?

Sure, here is your revised motion from the specified point onward:
---
No Lien Recorded:
- As of [current date], no additional lien has been recorded against my property at * Oak Street, Norton, MA.
Judicial Estoppel:
- On October *, *, James Tiernan testified before the Honorable Richard Stearns at the U.S. District Court that the foreclosure/transfer recorded on May *, *, for * Brayton Woods, Rehoboth, MA, including * Oak Street, was done against state foreclosure and usury laws.
- Despite this testimony, he executed the writ of execution, which should be considered judicial estoppel, rendering the writ void.
- Transcript excerpts from the bench trial on pages * (lines *-*), * (lines *-*), and * (lines *-*) provide evidence of his fraudulent intent.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writof execution
- Transcript excerpts from the bench trial
Conclusion:
Based on the Homestead protection, the fraudulent conveyance, judicial estoppel, and the absence of any additional recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address:
U.S. Bankruptcy Court for the District of Rhode Island
Phone: (*) *-*
Address: * Westminster Street, 6th Floor, Providence, RI *
Website: www.rib.uscourts.gov
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is true and correct.
Date: ___________
Signature: ______________________
Karen Merritt
---
Would you like any further assistance with your motion or any other legal queries?

Here's a clarified version to include in your motion:
---
No Lien Recorded:
- As of [current date], no additional lien has been recorded against my property at * Oak Street, Norton, MA.
Judicial Estoppel:
- On October *, *, James Tiernan testified before the Honorable Richard Stearns at the U.S. District Court that the foreclosure/transfer recorded on May *, *, for * Brayton Woods, Rehoboth, MA, was done against state foreclosure and usury laws.
- This illegal foreclosure also included the * Oak Street, Norton, MA property. However, he only transferred the Rehoboth property and has a lien on * Oak Street.
- Despite his testimony, he executed the writ of execution, which should be considered judicial estoppel, rendering the writ void.
- Transcript excerpts from the bench trial on pages * (lines *-*), * (lines *-*), and * (lines *-*) provide evidence of his fraudulent intent.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
- Transcript excerpts from the bench trial
Conclusion:
Based on the Homestead protection, the fraudulent conveyance, judicial estoppel, and the absence of any additional recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address:
U.S. Bankruptcy Court for the District of Rhode Island
Phone: (*) *-*
Address: * Westminster Street, 6th Floor, Providence, RI *
Website: www.rib.uscourts.gov
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is

Here's the updated motion with your additional details included:
---
U.S. Bankruptcy Court for the District of Rhode Island
Motion to Contest the Writ of Execution
Case No: *:*-bk-*
Plaintiff: Karen Merritt
Defendant: * Fountain Street, LLC
Date: January *, *
Honorable Judge Diane Finkle,
Introduction:
I, Karen Merritt, respectfully submit this Motion to Contest the Writ of Execution issued against me in the case related to Classic Display, Inc. (Case No: *:*-bk-*) by the U.S. Bankruptcy Court for the District of Rhode Island.
Homestead Exemption:
- On January *, *, I filed a Homestead exemption with the Bristol County Registry of Deeds, providing me with $* million coverage under the Massachusetts Homestead Act (Mass. Gen. Laws ch. *, § * et seq.).
Fraudulent Conveyance and Existing Lien:
- The assignee, James Tiernan, already has a lien taking all the equity from * Oak Street through fraud.
- * Oak Street was included in a fraudulent conveyance by James Tiernan, the assignee of * Fountain Street, on October *, *.
- The Southeast Housing Court ordered execution for possession, leading to my eviction from * Brayton Woods, Rehoboth, MA, and subsequent move to * Oak Street.
- The writ is based on fraud, and no further action has been taken because Mr. Tiernan already has a lien on the property.
Judicial Estoppel:
- On October *, *, James Tiernan testified before the Honorable Richard Stearns at the U.S. District Court that the foreclosure/transfer recorded on May *, *, for * Brayton Woods, Rehoboth, MA, was done against state foreclosure and usury laws.
- This illegal foreclosure also included the * Oak Street, Norton, MA property. However, he only transferred the Rehoboth property and has a lien on * Oak Street.
- Despite this testimony, he executed the writ of execution, which should be considered judicial estoppel, rendering the writ void.
- Mr. Tiernan is continuously engaging in fraudulent actions to defraud me, a

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- Mr. Tiernan is continuously engaging in fraudulent actions to defraud me, a creditor, as I have a lawsuit against him in federal court (C.A. No. *:*-cv-*) alleging violation of G. L. c. 93A, §§ *, *, including illegal foreclosure and usury.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
- Transcript excerpts from the bench trial
Conclusion:
Based on the Homestead protection, the fraudulent conveyance, judicial estoppel, and the absence of any additional recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address:
U.S. Bankruptcy Court for the District of Rhode Island
Phone: (*) *-*
Address: * Westminster Street, 6th Floor, Providence, RI *
Website: www.rib.uscourts.gov
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen Merritt, declare under penalty of perjury that the foregoing is true and correct.
Date: ___________
Signature: ______________________
Karen Merritt
Would you like any further assistance with your motion or any other legal queries?

Here's the updated portion of your motion from the specified point onward:
---
Mr. Tiernan is continuously engaging in fraudulent actions to defraud me, a creditor. I have filed a lawsuit against him in federal court (C.A. No. *:*-cv-*) for violation of G. L. c. 93A, §§ *, *, citing the illegal foreclosure and usury.
No Additional Lien Recorded:
- As of [current date], no additional lien has been recorded against my property at * Oak Street, Norton, MA.
Judicial Estoppel:
- On October *, *, James Tiernan testified before the Honorable Richard Stearns at the U.S. District Court that the foreclosure/transfer recorded on May *, *, for * Brayton Woods, Rehoboth, MA, was done against state foreclosure and usury laws.
- This illegal foreclosure also included the * Oak Street, Norton, MA property. However, he only transferred the Rehoboth property and has a lien on * Oak Street.
- Despite this testimony, he executed the writ of execution, which should be considered judicial estoppel,rendering the writ void. His actions are part of a continuum of criminal acts attempting to defraud me.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
- Transcript excerpts from the bench trial
Conclusion:
Based on the Homestead protection, the fraudulent conveyance, judicial estoppel, and the absence of any additional recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address:
U.S. Bankruptcy Court for the District of Rhode Island
Phone: (*) *-*
Address: * Westminster Street, 6th Floor, Providence, RI *
Website: www.rib.uscourts.gov
Respectfully submitted,
/s/ Karen Merritt
Karen Merritt
* Oak Street
Norton, MA *
Verification:
I, Karen

Yes, you should cite specific pages and points from the transcript excerpts to strengthen your motion. Here's how you can do it:
---
U.S. Bankruptcy Court for the District of Rhode Island
Motion to Contest the Writ of Execution
Case No: *:*-bk-*
Plaintiff: Karen Merritt
Defendant: * Fountain Street, LLC
Date: January *, *
Honorable Judge Diane Finkle,
Introduction:
I, Karen Merritt, respectfully submit this Motion to Contest the Writ of Execution issued against me in the case related to Classic Display, Inc. (Case No: *:*-bk-*) by the U.S. Bankruptcy Court for the District of Rhode Island.
Homestead Exemption:
- On January *, *, I filed a Homestead exemption with the Bristol County Registry of Deeds, providing me with $* million coverage under the Massachusetts Homestead Act (Mass. Gen. Laws ch. *, § * et seq.).
Fraudulent Conveyance and Existing Lien:
- The assignee, James Tiernan, already hasa lien taking all the equity from * Oak Street through fraud.
- * Oak Street was included in a fraudulent conveyance by James Tiernan, the assignee of * Fountain Street, on October *, *.
- The Southeast Housing Court ordered execution for possession, leading to my eviction from * Brayton Woods, Rehoboth, MA, and subsequent move to * Oak Street.
- The writ is based on fraud, and no further action has been taken because Mr. Tiernan already has a lien on the property.
Judicial Estoppel:
- On October *, *, James Tiernan testified before the Honorable Richard Stearns at the U.S. District Court that the foreclosure/transfer recorded on May *, *, for * Brayton Woods, Rehoboth, MA, was done against state foreclosure and usury laws.
- This illegal foreclosure also included the * Oak Street, Norton, MA property. However, he only transferred the Rehoboth property and has a lien on * Oak Street.
- Despite this testimony, he executed the writ of execution, which should be considered judicial estoppel, rendering the writ void. His actions are

Sure, here is the revised motion section from the specified point onward:
---
- Despite this testimony, he executed the writ of execution, which should be considered judicial estoppel, rendering the writ void. His actions are part of a continuum of criminal acts attempting to defraud me, a creditor. I have filed a lawsuit against him in federal court (C.A. No. *:*-cv-*) for violation of G. L. c. 93A, §§ *, *, citing the illegal foreclosure and usury.
No Additional Lien Recorded:
- As of [current date], no additional lien has been recorded against my property at * Oak Street, Norton, MA.
Judicial Estoppel:
- On October *, *, James Tiernan testified before the Honorable Richard Stearns at the U.S. District Court that the foreclosure/transfer recorded on May *, *, for * Brayton Woods, Rehoboth, MA, was done against state foreclosure and usury laws.
- This illegal foreclosure also included the * Oak Street, Norton, MA property. However, he only transferred the Rehoboth property and has alien on * Oak Street.
- Despite this testimony, he executed the writ of execution, which should be considered judicial estoppel, rendering the writ void. His actions are part of a continuum of criminal acts attempting to defraud me, a creditor.
- Transcript excerpts from the bench trial on pages * (lines *-*), * (lines *-*), and * (lines *-*) provide evidence of his fraudulent intent.
Attachments:
- Massachusetts identification card with my legal name and residence (* Oak Street, Norton, MA)
- Certified document of the Homestead declaration
- Receipt of the Homestead filing
- Deed proving sole ownership of my home
- Copy of the writ of execution
- Transcript excerpts from the bench trial
Conclusion:
Based on the Homestead protection, the fraudulent conveyance, judicial estoppel, and the absence of any additional recorded lien, I request the court to recognize my exemption and contest the writ of execution, ensuring my primary residence is protected.
Mailing Instructions:
Please mail this motion to the U.S. Bankruptcy Court for the District of Rhode Island at the following address: