California Sample Letter for Judgment - Garnishment
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How to fill out Sample Letter For Judgment - Garnishment?
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Common household items such as: Appliances, clothing, fuel for residence, furniture, and personal effects CCP § 704.020 Exempt if ?ordinarily and reasonably necessary to, and personally used or procured for use by, the judgment debtor and members of the judgment debtor's family at the judgment debtor's principal place ...
Tells the sheriff to take action to enforce a judgment. Used with instructions to the sheriff to levy bank accounts, garnish wages, or take possession of personal property.
If your judgment has already expired, you should consult an attorney before taking any action. California judgments last for 10 years from the date they were entered. If you win a judgment issued by a federal court, you may start collecting right away.
If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.
In California, the Abstract of Judgment is a Judicial Council form that can be downloaded from any court website (Form EJ-001). The form asks for information regarding the debtor's name, last known address, driver's license number, and the amount of money the debtor owes you.
If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy). If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).
If you have been served with an Order to Appear and fail to go to the hearing and have not paid the judgment, including post-judgment costs and interest, a bench warrant may be issued for your arrest. You may be held in contempt of court and you may be ordered to pay penalties.
Money judgments automatically expire (run out) after 10 years. To prevent this from happening, you as the judgment creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.
