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I want to file a Writ of Attachment against a judgment debtor

 
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I want to file a Writ of Attachment against a judgment debtor in Alameda County, CA. I have a judgment in my favor from Alameda County Superior Court, which is recorded with the county recorder. The debtor does hold title on real estate, but has no equity. I have the Form AT-135, Writ of Attachment. My understanding is that I fill out this form, submit it to the county clerk, and then a judge will decide if it is valid. Then I would take the Writ to the county sheriff to be served. Is that correct? Specific questions about the Form AT-135: a) the Writ would be "Ex Parte?" A hearing of course would be undesirable as the debtor, if he reads his mail, would hide any assets. He has never responded to a summons or appeared in court. He has been the defendant in multiple civil suits. b) Line 3 - can I include the defendants social security number with his name and address? c) Line 5 - I do not know his current bank accounts. In the past, he banked with Wells Fargo and my guess is that he may still be with that bank, but with different accounts. Is it valid and sufficient to describe the property to be seized as "any funds and securities held in a financial institution in the state of California?" If I can get a valid Writ that does not specify a specific bank and bank account number, then I could have the Writ served on multiple banks. Assuming a favorable answer from item c) above, does that seem like a good strategy? The defendant has also been observed with a new Harley motorcycle. I believe that he still owns an automobile also. It is not known if he has any equity in the Harley. Is that something that could be attached also? Thanks for your help with this. XXXXX XXXXX-XXXXXXX@XXXXXX.XXX XXX-XXX-XXXX ext 5Lisi-Mod41129.6951533218

 

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Country relating to Question: United States

Submitted: 315 days and 10 hours ago.
Category: Legal
Value: $40
Status: CLOSED

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Expert:  PaulMJD replied315 days and 8 hours ago.

a) A write for attachment is ex parte, that is correct, since doing it any other way gives the debtor the opportunity to hide the property.

b) Line 3 is just name and address as stated, not SSN.

c) When you describe property in line 5, you state all accounts held in the name X and/or SSN. This is where you mention his SSN to identify accounts. You will have to mention the specific banks where it is to be served, so you can mention WF and the major other banks in the area where he resides, since people bank close to home and all of the banks now are pretty much branches and not individual banks, even if you serve a branch he is not at, as long as he is at that main bank they can seize the account.

d) Describe all property you are aware of (check DMV records for vehicle registrations) You can attach the Harley or cars if they have any equity, yes, and you should name them.


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Category: Legal
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Answered: 8/8/2012

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