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
San Diego California Affidavit and Request for Issuance of Writ of Execution is a legal document used in the San Diego County court system to request the issuance of a writ of execution. This writ allows the enforcement of a judgment by seizing and selling the property of a party who owes a debt. The San Diego California Affidavit and Request for Issuance of Writ of Execution is specifically designed for use in San Diego County and complies with the local court rules and procedures. It is an essential legal tool for individuals and businesses seeking to recover monies owed to them, as it initiates the process of liquidating the debtor's assets to satisfy the debt. The affidavit portion of the document provides a sworn statement under penalty of perjury, affirming the facts of the case and asserting that the debtor has failed to pay the judgment. The affidavit typically includes details such as the amount owed, the court judgment, and attempts made to collect the debt. The request for issuance of the writ of execution is a formal plea to the court to authorize the enforcement of the judgment. It outlines the necessary steps and instructions for the court clerk and the sheriff to follow in carrying out the seizure and sale of the debtor's property. This may include not only physical items but also garnishing wages or freezing bank accounts. There may be different types of San Diego California Affidavit and Request for Issuance of Writ of Execution, depending on the specific circumstances of the case. Some variations may include: 1. Personal Property Execution: This type of writ of execution applies to seizing and selling personal property, such as vehicles, jewelry, or household items, to satisfy the debt. 2. Real Property Execution: This type of writ of execution focuses on the seizure and sale of real estate assets owned by the debtor. The sale proceeds are then used to pay off the judgment. 3. Wage Garnishment Execution: This writ of execution allows for the garnishment of the debtor's wages, where a portion of their earnings is withheld to fulfill the debt. It is important to consult with an attorney or legal professional to determine the appropriate San Diego California Affidavit and Request for Issuance of Writ of Execution for your specific case. Proper completion and filing of this document are crucial to successfully proceeding with the enforcement of a judgment in San Diego County.