This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Against Property With Notice To Garnishee In Los Angeles
Category:
State:
Multi-State
County:
Los Angeles
Control #:
US-0025LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
The consequences for ignoring a garnishment can be extreme. In the majority of states, an offending garnishee (i.e., an employer) is liable for up to the full amount of the debtor's (whether this person turns out to be an employee or not) outstanding debt.
After the Lawsuit Sometimes, the court may mandate the debt collector to notify the borrower of the court proceedings to collect the debt. The debtor will then wait for at least 15 days of notifying the borrower before filing the wage garnishment order.
WRIT OF EXECUTION (POSSESSION OF REAL PROPERTY): Once a judgment is rendered, the court may issue a writ of execution (possession of real property). This is the authority upon which forcible eviction of the tenant may be made. ONLY THE SHERIFF MAY ENFORCE THIS WRIT.
The release can be based on a specific end date, a debt's payment in full, when an employer is notified that the garnishment is terminated, and the debtor no longer being considered in default.
While both the writ of garnishment and the writ of execution could be used to collect a judgment, the former is used to seize property that is in possession of a third party, whereas the latter is used to seize property directly owned by the defendant.
The only thing you can do at this point is file a Motion to Stay Execution of Writ of Possession. This motion will put the execution of the eviction order on hold for up to 10 days.
States the court's order to the sheriff to take and hold property that the plaintiff claims is theirs but that the defendant is wrongly keeping. Also gives defendants information about their rights.
After a judgment of possession is rendered by the court, the judge may then issue a writ of execution to begin the transfer of property. The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff.
