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Re: Burn Notice88 post# 41025

Monday, 08/06/2018 5:15:40 PM

Monday, August 06, 2018 5:15:40 PM

Post# of 50981
ihsi submitted a writ a while back have you heard what the out come on that was. from what i understand to file a writ you need to have won your case.
https://unicourt.com/case/ca-sac-intelligent-highway-solutions-inc-vs-tca-global-credit-master-fund-lp-2026229




A Writ of Execution (EJ-130) is a form you fill out and have issued by the clerk. It describes the details of the judgment. There is a fee to have the writ issued. ... Before reading further, check the California Courts website on levying on assets of the judgment debtor.




Collecting the Judgment - The Superior Court of California - County of ...



https://www.occourts.org/self-help/smallclaims/collectingthejudgment.html


Levying (Seize) Assets Using a Writ of Execution

If the judgment debtor has not paid you and more than 30 days have elapsed since the clerk mailed the Notice of Entry of Judgment and no "Motion to Vacate Judgment" or "Notice of Appeal" has been filed, you may levy (seize) the assets of the judgment debtor. The two most common and inexpensive assets to levy on are wages and bank accounts. You must be able to tell the Sheriff the location of the employer and bank account. This information may be contained on the Judgment Debtor’s Statement of Assets (SC-133) if the judgment debtor completed the form and mailed it to you within 30 days after judgment was entered. Or you may be able to find out on your own. Otherwise, you may first need to have a hearing to question the judgment debtor about the location of their assets (See above "Requiring Production of the Statement of Assets or Hearing To Disclose Assets").

A Writ of Execution (EJ-130) is a form you fill out and have issued by the clerk. It describes the details of the judgment. There is a fee to have the writ issued. You need to get a writ before you can use any of the 5 collection methods listed below. Before reading further, check the California Courts website on levying on assets of the judgment debtor.

The Writ of Execution will be issued for the amount of the judgment. However, the judgment debtor may owe less if they have made a payment or they may owe more due to the 1) accrual of interest or 2) court costs that you have spent after judgment has been entered in trying to collect your judgment. (see above "Memorandum of Costs, Credit and Interest")

NOTE: You do not have to file this form for the costs you will be spending for the court fees and Sheriff’s fees for the current Writ of Execution you are requesting. Those costs will be automatically added. However, if you are claiming costs for a previous Writ or other costs spent to collect your judgment, you must wait 10 days after a copy of the Memorandum of Costs is mailed or given to the judgment debtor before those costs can be added to the current Writ of Execution you are requesting.

For more information on claiming a payment, interest, or costs see above "Memorandum of Costs, Credit, and Interest."

NOTE REGARDING SHERIFF DEPARTMENTS AND THEIR FEES:

All of the collection methods listed below may involve requesting the help of a Sheriff in the county where the asset or property is located. The Sheriff Instructions and Sheriff fees may vary from one county to another. If the Sheriff is successful in collecting your money, they will also collect their fee so that you are reimbursed. View more information about the Orange County Sheriff’s fees, locations, instruction forms and requirements.

SEIZE EARNINGS:

You can tell the Sheriff to take wages if you know where the judgment debtor works. An Earnings Withholding Order tells the judgment debtor’s employer to give the Sheriff a portion of what they earn until the judgment is paid. The standard portion withheld is 25% of the net (after-tax) pay. The sheriff will give you the money.

You must:
Complete a Writ of Execution (EJ-130) . Have it issued by the clerk and pay the issuance fee by submitting it to the court location where your case was filed or you may also submit the document by eFile.
Complete an Application for Earnings Withholding Order (WG-001) .
Complete a Sheriff Instruction form.
Give these documents to the Sheriff along with their fee.

You will need to know the name and address of the employer of the judgment debtor so that the Sheriff can serve them with the forms. The employer must then respond to the Sheriff within 15 days confirming that the judgment debtor works there and how frequently they are paid.

The judgment debtor may challenge the seizure of their wages. For more information, see section "Making Payment/Failure to Make Payment-Defendant."

SEIZE PERSONAL PROPERTY:

You can tell the Sheriff to take money from the bank account and give it to you. Or, you can get the Sheriff to take personal property, such as a vehicle, sell it, and give you the money. You must know the location of the property. The Sheriff’s fees vary greatly depending on the property, ranging from approximately $35.00 to levy (seize) a bank account to $1,800.00 to seize and sell a vehicle. These costs will be added to the amount that the Sheriff collects, but there is no guarantee of collection. There may not be any money in the bank account, or the judgment debtor may owe more on the car than it is worth.

You must:
Complete a Writ of Execution (EJ -130) . Have it issued by the clerk and pay the issuance fee by submitting it to the court location where your case was filed or you may also submit the document by eFile.
Fill out Sheriff Instructions that describe the property and say where it is, and the name and address of the person or business that should get the Notice of Levy (example: name and address of bank).
Give the Writ and Sheriff Instructions to the Sheriff, along with their fee.

The judgment debtor may challenge the seizure of their bank account or personal property. For more information, see the section "Making Payment/Failure To Make Payment - Defendant."

SEIZE MONEY OF A BUSINESS (TILL TAP):

If the judgment debtor is a business with a cash register, you can get the Sheriff to go to the business and take enough money out of the register to pay the judgment and the Sheriff’s fee. This is a common collection method and not as expensive as putting a Sheriff’s "keeper" in a business (see below).

You must:
Complete a Writ of Execution (EJ-130) . Have it issued by the clerk and pay the issuance fee by submitting it to the court location where your case was filed or you may also submit the document by eFile.
Fill out Sheriff Instructions, including the name and address of the business and the best time of day to do the "till tap."
Give the Writ, Notice of Levy, and Sheriff Instructions to the Sheriff along with their fee. (If there is not enough money in the register to pay the judgment, you will have to pay another fee every time the sheriff goes back.)

The judgment debtor may challenge the seizure of their personal property. For more information, see section "Making Payment/Failure to Make Payment-Defendant."

SEIZE THE MONEY AND PERSONAL PROPERTY IN THE DEBTOR’S BUSINESS ("KEEPER"):

If the judgment debtor is a business, you can get the sheriff to put someone (called a "keeper") in the business for a certain amount of time. They will collect money throughout the day until the time you have paid for is up or the judgment is paid. It is also possible to have the Sheriff sell the inventory of the business. The Sheriff’s fees for a keeper can be expensive. The fees will be added to the amount that the Sheriff collects, but there is no guarantee of collection.

You must:
Complete a Writ of Execution (EJ-130) . Have it issued by the clerk and pay the issuance feeby submitting it to the court location where your case was filed or you may also submit the document by eFile.
Fill out Sheriff Instructions, including the name and address of the business and the date and hours you want the "keeper" to stay in the business.
Give the Writ and Sheriff’s Instructions to the Sheriff along with their fee.

The judgment debtor may challenge the seizure of their personal property. For more information, see section "Making Payment/Failure to Make Payment-Defendant."

SELL LAND, BUILDINGS, OR RESIDENCE:

You may be able to seize and sell the judgment debtor’s land, buildings, or residence. The process is complicated and costly. It is recommended that you consult an attorney who specializes in the collection of civil judgments.

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