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
Country relating to Question: United States
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.
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).