How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3588
Experience:  Experienced in both state and federal court.
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

I have already had a writ of execution signed by a judge and

Customer Question

I have already had a writ of execution signed by a judge and issued by the clerk. It is out for service by the sheriff. However, It appears on the court docket and has since April, can it be blocked or challenged by opposing counsel?
Customer
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer : Good evening. I'll be assisting you with your question.
TexLawyer : Once the order has been signed, there is very little the opposing side can do.
TexLawyer : Orders are considered final once signed by the judge and the time to appeal has passed (usually between 10-30 days since the order was signed).
Customer:

Thank you. Does this apply to California Law?

TexLawyer : The only thing they could do is attempt to seek a injunction against the execution, but that would be VERY uncommon. It would only apply in a situation where the judge just went completly rouge and was disregarding his judicial duties. Yes, this applies to CA.
TexLawyer : The time for them to callenge it is after it is served and executed on whatever property it is for. At that point, the property owner of the executed property could, in theory, come in and assert some kind of defense, like they are the wrong party, or something of that nature.
Customer:

Is it possible for funds to be removed from an account after the writ has been issued, but before it is executed upon?

TexLawyer : Yes, it is possible. If the bank is unaware of the order, they would have no reason to restrain the account.
Customer:

Thank you. My next question will take a moment to write.

TexLawyer : Sure. Go ahead.
Customer:

RE: California Penal Code section 138(a) Witness tampering. I am acting In Pro Per. I mistakenly served a SDT rather than a subpoena for

Customer:

sorry about that I sent by accident and will finish question on next screen

Customer:

business records. I have since had the proper subpoenas issued and served. However, opposing counsel sent the following letter to my witnesses instead of using the appropriate legal remedies:

Customer:

"Today I received a document entitled "Civil Subpoena Duces Tecum for Personal Appearance and Production of Documents . . . at Trial or Hearing and Declaration" from _______, that was allegedly personally served on you. The person that issued the subpoena is __________, who stated that her title is "Pro Per." Be informed that the dubpoena is invalid onits face on at least three levels 1) there is no trial or hearing set for April 19, 2013; 2) she failed to complete item #4 which requires her to list the name and telephone number of the subpoenaing party or attorney and 3) ___________ is not authorized to issue the subpoena. She is neither a clerk, judge, or attorney at law, as required under Cal. Code Civ. Proc. 1985. There are, of course, further issues as to whether the "good cause for the production of the documents" supports the documents demanded. I am sending a demand to ___________ that she immediately notify you of her cancellation of the invalid subpoena. If she does not, you may wish to ascertain for yourself what your obligations may or may not be. If you have any questions, please do not hesitate to give me a call. It is my understanding under Penal Code 138(a) that this is witness tampering and undethical conduct on her part. My quesiton is - if I bring it before the court how would you anticipate them responding? Also, should I bring it up as a sidebar or in chambers? thanks

TexLawyer : My guess is that they would respond that they were just informing the witnessess of their legal rights, which is not witness tampering, at least as I understand it. This is quite a sticky situation, so that would bear some research to determine if a person has ever been actually charged in this kind of scenario. But, that is how I would assume they would respond.
TexLawyer : As far as how to address it with the judge, this is probably something you want on the record, so I wouldn't do it in chambers or in a sidebar. I'd do it in open court. You may consider informing the judge ahead of time (with opposing counsel present) what's about to happen, but you want it on the record.
TexLawyer : Does that answer your question?
Customer:

Thank you. Next question... Based upon the previous scenario, several witnesses have failed to comply with the subpoenas, based upon the advice received from opposing counsel by letter. What is the procedure for compelling compliance with a subpoena?

Customer:

By subpoenas, I mean the properly re-issued subpoenas.

TexLawyer : If you want to require them to comply, you will have to drag them back into court. The way to do that is to file a "show cause" motion. A show cause motion is a motion requesting that the court require them to come in and show cause as to why they failed to comply.
TexLawyer : At that hearing, the judge can either accept their argument or order them to comply. If they still refuse, they can be held in contempt.
Customer:

Excellent! In filing my served subpoena with the court do I need to file the original or will a copy do? Thanks

TexLawyer : A copy will do.
TexLawyer : Can I help you with anything else?
Customer:

Last question... Opposing counsel has submitted numerous documents to the court containing mis-statement, half truths, and complete falsehoods. She has also intimidated a witness into signing declarations against her own interests by threatening that witness along with her client of the loss of her job. The witness has to come to me and wants to recant her previous declaration. How do I address the statements made by opposing counsel and the witness' request to recant previous declarations? Does this impeach the witness for future declarations which would be in my favor?

TexLawyer : You need to file a motion in the court for sanctions agains the attorney, as well as make a referral to the state bar disciplinary committee. If you can prove she did what you've described, this is a major violation.
Customer:

Thank you. Can you be more specific as to the recanting of a dec and submission of additional decs by witness.

Customer:

Does recanting taint a wit for all future decs?

TexLawyer : If your witness recanted and the judge does not find that the attorney committed ethical violations, then your witness can be impeached with that recantation.
TexLawyer : No, just as it pertains to that statement.
Customer:

Thank you - this really helps me. Hopefully, we can talk again. Good night.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3588
Experience: Experienced in both state and federal court.
Chris T., JD and 9 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.