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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Question for RunTam38 CA Lawyer:Recently, a judge ordered

Customer Question

Question for RunTam38 CA Lawyer:

Recently, a judge ordered someone to pay me $1500 in attorney fees. Simply put, how do I collect this money? This guy has been served with the papers, but he has not paid and I don't believe he will pay on his own. Someone mentioned a writ of execution, but I'm not certain how that would work either.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Cedric replied 7 years ago.
I'll give you an answer if you still need it. Let me know.
Expert:  Jim Reilly replied 7 years ago.
Hello Customer and thanks for asking for me. I was away all day for a hearing in a child molest case in Tuolumne County, aXXXXXeach way.

A writ of execution can be signed by the court which awarded the judgment. It allows you (through the sheriff or other appropriate official) to levy on this person's property, seize it and sell it to satisfy the judgment. Or, to levy on his bank account, which will then allow the bank to pay you out of this person's account.

There is a California Judicial Council form for use in obtaining a writ of attachment -- AT1125 -- which is available on the CJC website at:

http://www.courtinfo.ca.gov/cgi-bin/forms.cgi

Thanks again for asking your question here on JustAnswer and good luck collecting your fees. If you have any other questions, please let me know.
Customer: replied 7 years ago.
I'm a bit confused. Also, I there was no form AT1125 on the court website.

1. Is a writ of execution the same as writ of attachment or do I need to do both?

2. How does one get the court to sign off on either writ? Do I have to appear in court again?

--Thanks in advance for your help.
Expert:  Jim Reilly replied 7 years ago.
Hello again Customer, I am just back from visiting with a client in a nearby jail.

My apologies regarding my previous answer to your question. It contained two mistakes -- one a typo (the form I referred to should have been AT-125) and one of substance:

I should have referred you to the writ of execution form (EJ-130), not the writ of attachment. They are not the same thing (attachment is a pre-judgment proceeding).

The direct link for the fillable version of the EJ-130 form is:

http://www.courtinfo.ca.gov/forms/fillable/ej130.pdf

Once again, I apologize for the confusion.

Thanks again for asking your question here on JustAnswer. If you have any other questions, please let me know.
Customer: replied 7 years ago.
Thanks for the correction, however, my main question remains: How do I get the money? How is this form EJ-130 going to compel him to pay?
Expert:  Jim Reilly replied 7 years ago.
Customer, the writ of execution does not directly compel him to pay, but rather provides a means of collecting the amount owed from whatever assets the writ can be executed on.

In other words, for example, you locate his bank account, have the writ of execution issued and give it to the sheriff to serve. The sheriff serves it on the bank where the account is located and, unless you release the levy (which you would do only if he pays you separately), the bank turns the money over to the sheriff, who in turn delivers it to you.

If you can't find a bank account, you can levy on other assets, though that is a more complicated process, because then the sheriff will have to conduct a sale of the property levied on and the judgment would be paid out of the proceeds of the sale.
Customer: replied 7 years ago.
Hi Jim,

I've been a little busy, so I'm sorry I haven't written back until now. Would you mind telling me how one gets the court to sign off on this writ? Do I have to appear in court again and have the defendant there also?
Customer: replied 7 years ago.
Hi Jim,

Did you get this last email?:

I've been a little busy, so I'm sorry I haven't written back until now. Would you mind telling me how one gets the court to sign off on this writ? Do I have to appear in court again and have the defendant there also?

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