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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
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Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I won a judgement in orange county California small claims

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I won a judgement in orange county California small claims court. The debtor has money that he hid for several years in the form of cashiers checks that he put his moms name on so nobody could touch it. I acquired a notarized statement saying the money in the cashiers checks belong to him and aren't to be included in the assets divided among the sons upon the mothers death. They opened a savings account with the last cashiers check also in the moms name. I have copies of the check, several copies of previous checks when he cashed it in for a few thousand dollars returning the rest into checks again until the savings account was opened. I have the deposit slip from the opening of the account and a few bank statements. Can I get a writ of execution for sheriff to access that account and collect my judgement?
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : So the mother is deceased but there is still an account in her name that the defendant and his brothers are using?
LADYLAWYER : How did you acquire copies of the cancelled checks and who gave you the notarized statement? Did you receive all this through legitimate means?
Customer:

No. The mother is alive and helping the son hide his money. Only she can access his money keeping his name off account because he owes several creditors. I'm sorry. Cashiers checks. Not checks. And its the receipt, purchasers copy/stub/carbon copy that I have. not copies of cancelled checks. His brother is my boyfriend and he gave the receipts and notarized statement to me. I didn't steal them. LOL

LADYLAWYER : AHHH, thank you for clarifying! I was pretty curious about that. I was worried about what you were going to tell the judge when he asked how you got a hold of that stuff. :)
LADYLAWYER : The answer is yes, you can petition for a Writ of Execution to levy/attach to the mother's account. You have pretty solid evidence that the son is hiding his money with her and thus, a judge can override the exception of attaching to a third party's account here.
LADYLAWYER : You seem extremely savvy and have already successfully received a judgment, but just in case you need to know about the procedure and forms for a Writ in CA, you can find all of that here: http://cc-courthelp.org/index.cfm?fuseaction=Page.viewPage&pageId=4793.
LADYLAWYER : You are going to want to attach your boyfriend's affidavit and copies of the other evidence you have to your petition. You will also need to attach your own statement about why you are seeking to levy the mother's account and explaining what all the evidence is.
LADYLAWYER : If you have any further questions, I am happy to answer them! If not, would you kindly consider a positive rating at this time? It costs you nothing further to do but it is the only way the site will compensate me. Thanks so much!
Customer:

Thank you. I will get that done. And thanks for the "extremely savvy". I was at one time called a "jail house lawyer" which still mite get me to take paralegal course. And your definitely getting that positive rating.

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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