Burbank California Affidavit and Request for Issuance of Writ of Execution

State:
California
City:
Burbank
Control #:
CA-CV-024-FED
Format:
PDF
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An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This document, an Affidavit and Request for Issuance of Writ of Execution , is a model affidavit for recording the type of information stated. It must be signed before a notary, who must sign and stamp the document. Adapt the text to fit your facts. Available for download now in standard format(s). USLF control no. CA-CV-024-FED

Burbank California Affidavit and Request for Issuance of Writ of Execution: Explained Introduction: The Burbank California Affidavit and Request for Issuance of Writ of Execution is a legal process used in Burbank, California, to enforce the collection of a judgment. When a judgment debtor fails to satisfy the court-ordered financial obligation, the judgment creditor can utilize this procedure to seize the debtor's assets or garnish their wages. Here is a detailed description of the affidavit and request form, its purpose, and the different types available. 1. What is an Affidavit and Request for Issuance of Writ of Execution? The Burbank California Affidavit and Request for Issuance of Writ of Execution is a written document filed by the judgment creditor to initiate the enforcement of a judgment. It is an official request to the court to issue a writ of execution, granting the creditor the authority to seize the debtor's assets or implement other measures to satisfy the outstanding amount. 2. Purpose of the Affidavit and Request for Issuance of Writ of Execution: The primary purpose of the affidavit and request is to inform the court about the judgment creditor's entitlement to the judgment, the amount owed, and the unsuccessful efforts to collect. By filing this document, the creditor seeks the court's assistance in executing and enforcing the judgment against the debtor's assets. 3. Key Elements of the Affidavit and Request for Issuance of Writ of Execution: a) Creditor Information: The affidavit requires the creditor to provide their name, contact details, and attorney information (if applicable). b) Debtor Information: The debtor's name, address, and any known details that assist in locating their assets should be included. c) Judgment Details: The affidavit must contain the date of judgment, court case number, the amount owed, and any additional costs or interest accrued. d) Collection Attempts: The creditor needs to outline the efforts made to collect the judgment, such as contacting the debtor or conducting asset searches. e) Description of Assets for Execution: A list of specific assets the creditor wants to seize or garnish should be detailed, along with their estimated value. 4. Different Types of Burbank California Affidavit and Request for Issuance of Writ of Execution: While there may not be distinct types of this particular affidavit in Burbank, the content may vary based on the nature of the judgment or the assets sought for collection. For example, there could be variations when seeking wage garnishment compared to executing against real estate or personal property. In conclusion, the Burbank California Affidavit and Request for Issuance of Writ of Execution plays a crucial role in enabling judgment creditors to take legal action to fulfill outstanding financial obligations. By providing comprehensive information and following the court's procedures accurately, creditors can effectively request the issuance of a writ of execution and proceed with the enforcement of the judgment.

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A) The Officer may, upon his/her initiative or upon motion of any interested party, issue a writ of execution on a judgment rendered within five (5) years from the date it became final and executory.

The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.

Once the writ has been issued, its terms must be carried out immediately or as soon as possible. The sheriff of the relevant court, in the absence of specific instructions from the judgment creditor, goes to the home, place of employment or place of business of the debtor.

WRIT OF EXECUTION/MONEY JUDGMENT If you win your case and the judgment debtor does not pay you the amount owed within 30 days after entry of the judgment and there is no appeal pending, then you will have to place a levy on wages or property of the judgment debtor to collect the money owed to you.

Purpose of Process To collect money owed through the judgment debtor's financial institution. Sheriff's Instructions Use the Bank Levy/Garnishment instruction form. Time for Service Before the writ of execution expires. The writ of execution expires 180 days after the issuance.

699.510. (a) Subject to subdivision (b), after entry of a money judgment, a writ of execution shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server.

To obtain a Writ of Execution, follow these steps: Complete form CV-24, ?Affidavit and Request for Issuance of Writ of Execution.? Complete form CV-23, ?Writ of Execution.? Each form must be filled out as set forth below: You must provide the date the judgment was ?entered? on the docket.

With respect to the ministerial duty of the clerk of the court in connection with the issuance of the writ of execution, I believe that the clerk never ought to issue a writ of execution without the previous existence of a ruling, order, or decision of the judge providing for the fulfillment of a final judgment and the

699.510. (a) Subject to subdivision (b), after entry of a money judgment, a writ of execution shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server.

The lifetime of the writ of execution, therefore, includes the last day in which the same is returnable; and under the Rules of Court, the return must be made within a a maximum of sixty days after its receipt by the levying officer. Section 11, Rule 39, of the Rules of Court provides: Sec.

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Burbank California Affidavit and Request for Issuance of Writ of Execution