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.
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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.