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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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TO Esq. NEW QUESTION: The case was closed 30 days ago and my

Customer Question

TO Phillips Esq. NEW QUESTION: The case was closed 30 days ago and my attorney has begged off, leaving me alonere to deeal with the collection issues. I received a letter from the contractor today stating that the 30 days to appeal are up and asking me to pay him. I was under the impression that I was going to be served with something from the court, following the Judge's decision. Am I incorrect? What is the process that the contractor has to go through to attempt to collects hi9s money? I have no assets for him to take, aside from liening my condo. Can you take me through the timeline of what to expect next? Is the court or someone going to serve me with a legal document finalizing the judgement, or was the judge's decision all the notice that I am going to get? Is this the time to file notice with the sheriff that my bank account is exempt? When do I file the "list of assets" form? Do I need an attorney to file it with the court, or can I just mail it to the contractor? The net of this is that he will have to wait until my condo changes hands after my death to collect his $25K. He will not like this idea!
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 8 months ago.

I will open your post up to other Attorneys on the site because I do not have the answer to ALL your questions.

Customer: replied 8 months ago.
I am, only interested in responses from attorneys in California. Thank you.
Expert:  socrateaser replied 8 months ago.

Hello again,

You asked for a different contributor, not licensed in California (to my knowledge). You asked:

I was under the impression that I was going to be served with something from the court, following the Judge's decision. Am I incorrect?

A: A creditor can send a demand letter. Or, the creditor can seek a writ of execution from the court clerk, and have the sheriff serve you with a notice of levy.

What is the process that the contractor has to go through to attempt to collects hi9s money? I have no assets for him to take, aside from liening my condo. Can you take me through the timeline of what to expect next? Is the court or someone going to serve me with a legal document finalizing the judgement, or was the judge's decision all the notice that I am going to get?

A: There's no timeline, because it depends on what the creditor wants to try as a means for collection. The typical method is to either have the sheriff execute against specific property of the debtor, or to garnish the debtor's wages, if he/she is employed. In either case, your options will be displayed on the notice of levy.

There is also the possibility that the creditor will serve you with a notice to appear for a judgment debtor examination. This is an interview, taken under oath, where the creditor tries to get you to tell you what assets you have and where they are located. Your attendance is required. Failure to appear will result in a bench warrant being issued, and if you ignore the warrant, you will be arrested and brought before the court. Better to just show up for the exam, if it happens, and "not recall" the answers to questions, if you don't know the answers for certain.

Is this the time to file notice with the sheriff that my bank account is exempt?

A: No. See above.

When do I file the "list of assets" form?

A: After you receive the notice of levy.

Do I need an attorney to file it with the court, or can I just mail it to the contractor?

A: You can file it with the court yourself, or you can hire a lawyer.

The net of this is that he will have to wait until my condo changes hands after my death to collect his $25K. He will not like this idea!

A: Well, that's how the cookie crumbles. You may want to consider filing Chapter 7 bankruptcy, to get rid of the creditor. Or, you can wait out the 10-year judgment term, and hope that the contractor doesn't file to renew for another 10 years.

PS. Because you asked me a previous question and paid full price, I am answering your new question here. I don't ordinarily answer subscription questions because the remuneration is less than minimum wage for the effort involved. If you have additional questions, please open a new Q&A session for each, so that I can afford to devote the necessary time to provide a competent answer.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, the website retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 8 months ago.
No, I asked for a Consumer Protection Lawyer licensed to practice in California, to reaspond to my question.At this point, I am requesting that a different attorney respond to my question.
1. I have received a letter. Do I need to respond?
2. Do I send in the Exemption Form to the Sheriff now in order to protect my bank account, or do I have to wait until a freeze is placed on my account and then fight to unfreeze my money?
3. I have no need to file for bankruptcy. I only have one asset, no bank accounts, my income is exempt and I have nio vehicles. All that I have is a condo, which I have a mortgage and HELOC, meaning his lien would be in the thord position. He cannot foreclose. The condo will be transferred to a relative who will assume the mortgage after my death. I have directed that it not be sold for 21 years, which exceeds this crook's collection period. Is there anything else that I need to know about?Since you do not feel adequately compensated, please send my questions to a different attorney.
Expert:  socrateaser replied 8 months ago.

Customer service asked me to assist, believing that you wanted me to answer. I will reopen the question for anyone else who wishes to assist.

I regret your dissatisfaction. Best wishes with your legal difficulties.

Customer: replied 8 months ago.
I am happy to rate you so that you are compensated; however, I'm not going to focus on your compensation issues.
Expert:  socrateaser replied 8 months ago.

I need customer service to opt me back into the question, before I can answer. Thanks in advance for your patience.

Expert:  socrateaser replied 8 months ago.

Hello again, I can't get any attention from customer service. I'll just answer your questions, and if you can figure out a way to get me paid, great -- if not, I'll chalk it up to good karma.

1. I have received a letter. Do I need to respond?

A: No.

2. Do I send in the Exemption Form to the Sheriff now in order to protect my bank account, or do I have to wait until a freeze is placed on my account and then fight to unfreeze my money?

A: No. Because the sheriff doesn't know who you are, until the officer receives a writ of execution from the creditor.

3. I have no need to file for bankruptcy. I only have one asset, no bank accounts, my income is exempt and I have nio vehicles. All that I have is a condo, which I have a mortgage and HELOC, meaning his lien would be in the thord position. He cannot foreclose. The condo will be transferred to a relative who will assume the mortgage after my death. I have directed that it not be sold for 21 years, which exceeds this crook's collection period. Is there anything else that I need to know about?

A: Nope. I think you have it all figured out.

Best wishes, and I hope you outlive the judgment in a happy and healthy manner.

Thanks again for using Justanswer!

Customer: replied 8 months ago.
Thank you. I will call customer service in the morning for you. How muchy do you want to be paid?
Expert:  socrateaser replied 8 months ago.

I will leave the amount to your discretion. No worries, either way.

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