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Legalease
Legalease, Lawyer
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Experience:  15 years exp all aspects of general law
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Background: I am efiling for a writ of execution (form

Resolved Question:

Background:
I am efiling for a writ of execution (form EJ-130) in Orange County CA Superior Court. The writ is on a sister-state money judgment. I am going to use the writ to levy the debtor's CA bank accounts. The sister-state money judgments have been domesticated in CA already.

Questions:
1. Can I efile form EJ-130 as a writ for execution by itself?
2. Since I am only going after money in bank accounts, is it correct that I do not request writ of possession and/or writ of sale?
3. Do I need to file an affidavit with EJ-130? I have read that I do need one, but if I do, what should it say? What exactly is the court require in the affidavit?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers : Thanks for your question and good evening.You are correct here that you file the Form EJ-130.In addition to the Writ of Execution, some counties will require the collecting party to hire a process server to deliver a Notice of Levy, Form EJ-150, to the bank. The local sheriff will instruct you whether this is necessary. This provides instructions to the bank that includes the amount of the levy and the name of the debtor. Typically, the debtor is only notified of the levy once the levy is in force.
RayAnswers : 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").You need to get a writ before you can use any of the 5 collection methods listed below.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.
RayAnswers : It does not appear that Orange County requires the EJ-150.But I would call the Sheriff and verify that.
RayAnswers : Here is Orange County specific instruction and reference about half way down the page under levy.
RayAnswers : http://www.occourts.org/self-help/civil/howtocollectthejudgment.html
RayAnswers : Here is contact information and reference to levy--about half way down the reference.
RayAnswers : http://ocsd.org/divisions/custody/court/civil/collection
RayAnswers : It has been my pleasure to assist you today.Please let me know if you have more follow up.Good luck here with the levy.Thanks again.
RayAnswers : I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.This communication does not establish an attorney client relationship here.Information providedis not legal advice. Rather it is simply general information.
RayAnswers : The botXXXXX XXXXXne here is that I see no other local requirement for anything other than the EJ-130 since the judgment has been domesticated.You will need a copy of that domesticated judgment as well.The fees for levy on on the sheriff page above.
RayAnswers : Thanks again.
RayAnswers : Also note..
RayAnswers : California Code of Civil Procedure Section 700.140(c) states that once the bank is notified of a levy, it is not allowed to honor any check or other form of withdrawal from the account while the levy remains in effectThis will cause them a lot of grief because the account will be levied and any checks on it would likely bounce and be returned.That is a by product of the levy and judgment.
RayAnswers : But that is not your problem.
RayAnswers : Take care and good luck.
RayAnswers : There is a second form here is you want to add your fees here you have incurred after the judgment such as levy fees.
RayAnswers : http://www.saclaw.org/pages/bank-levy.aspx
RayAnswers : such as the costs associated with enforcing the judgment (cost of issuing the Writ of Execution, Levying Officers' fees, fees for the Application for Order for Appearance of Judgment Debtor) or accrued interest on your judgment amount, you must file a Memorandum of Costs after Judgment (Form MC-012)
RayAnswers : The form is at the site I referenced above.This will help you collect your fees, etc from Orange County sheriff for levy service.
RayAnswers : Thanks again.
Expert:  Ray replied 1 year ago.
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Customer: replied 1 year ago.
Thank you for your time, however, you did not answer my very specific questions.
Expert:  Legalease replied 1 year ago.

Hello there

-

I am another expert here at Just Answer. Regarding the specific questions that you asked:

-

1. Orange County Superior Court has a pilot program ongoing since Jan 2013 where efiling is mandatory for all limited, unlimited and complex civil cases. If you have difficulties with this you should contact the court facilitator's office and they can walk you through it.

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2. That is correct -- you should request a writ of execution on the debtor's bank accounts and if you have bank information and account information you should provide it.

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3. Because the judgment has been domesticated it is unclear whether the affidavit is needed. You should err on the side of caution and prepare and file an affidavit and a copy of the domesticated judgment with your request for execution. The affidavit should be brief -- state the name and state of the original case and date of judgment, the amount owed, the date of domestication in CA (and reference the copy attached to the affidavit), and briefly state your attempts to collect the debt (you have contacted them by telephone, letter, etc - with dates of this if you can provide some) and you should end the affidavit with a statement that says due to the defendant's failure to pay any monies towards satisfying the judgment, you request that the court issue a writ of execution on the defendant's bank accounts (if you have bank name and accounts that will help the court significantly). You may want to contact the court facilitator to have the facilitator look over your paperwork before filing it (in CA, the civil courts employ a facilitator to assist citizens who bring pro se actions in court without an attorney -- if you call the clerk's office of the Orange County Superior Court they can give you contact information for the facilitator for that court -- these people work hard to assist the public and are an invaluable resource for people without attorneys).

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Please let me know if you have any further questions.

-

--MARY

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14454
Experience: 15 years exp all aspects of general law
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Customer: replied 1 year ago.
Thank you! This is exactly what I was looking for. Much appreciated.

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