Accepted Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which has been helpful to my analysis of your inquiry. I am sorry for what you are going through here, and I hope that everything works out for you in this situation.
2. Unfortunately, having received notice of execution of the levy this means that there is already an underlying judgment in place. Now, the judgment creditor is taking post-judgment action against you pursuant to California Code of Civil Procedure §§ 699.510-699.560. The most ideal step would be to retain an attorney, but obviously this is often prohibited by financial constraints.
3. You can also contest the action and represent yourself (pro per) by seeking to assert your rights of exemption pursuant to California Code of Civil of Procedure §§ 704.010-704.210. To do so, you would need to file a Claim of Exemption (Enforcement of Judgment) with the levying officer (not the court). If you do not meet the statutory exemptions, I am sorry to say the execution will go through.
   

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Expert:	Benjamin M. Burt, Jr., Esq.
Pos. Feedback:	99.4 %
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Answered:	3/6/2009

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