San Jose California Affidavit and Request for Issuance of Writ of Execution

State:
California
City:
San Jose
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


The San Jose California Affidavit and Request for Issuance of Writ of Execution is a legal document used in the city of San Jose, California for the purpose of initiating the enforcement of a judgment or court order. This document is typically filed by the judgment creditor, who is seeking to collect the money or property owed to them by the judgment debtor. The affidavit portion of the document requires the judgment creditor to provide certain information under oath, attesting to the validity and amount of the judgment debt, along with any additional relevant details. This may include the identification of the judgment debtor, the court case number, the date of the judgment, and the specific amount owed. The request for issuance of a writ of execution is the second part of the document. A writ of execution is a court order that authorizes the enforcement of a judgment. In this section, the judgment creditor requests the court to issue the writ, which would allow them to take the necessary actions to satisfy the judgment debt. This may involve seizing and selling the judgment debtor's property, garnishing their wages, or levying funds from their bank accounts, among other possibilities. It is important to note that the San Jose California Affidavit and Request for Issuance of Writ of Execution may refer to different types depending on the specific circumstances of the case. Some potential variations or related documents include: 1. Affidavit of Identity and Request for Issuance of Writ of Execution: This type of affidavit may be required when the judgment creditor needs to provide additional information to properly identify the judgment debtor, such as their Social Security number, address, or other identifying details. 2. Affidavit of Service and Request for Issuance of Writ of Execution: In cases where the judgment debtor has not complied with the court's order and the judgment creditor needs to prove that they have made an attempt to serve the debtor with legal documents, an Affidavit of Service may be filed along with the request for a writ of execution. 3. Affidavit for Renewal of Judgment and Request for Issuance of Writ of Execution: If the judgment creditor is seeking to renew an expired judgment, they may file an affidavit specifically addressing the renewal request, along with the request for a new writ of execution. 4. Affidavit and Request for Writ of Execution on Personal Property: In cases where the judgment creditor intends to enforce the judgment by seizing and selling personal property owned by the judgment debtor, this specific affidavit variation may be used to provide details about the property and request the appropriate writ of execution. It is important to consult with an attorney or legal professional familiar with the laws and procedures in San Jose, California, to ensure the correct form and content of the affidavit and request for issuance of a writ of execution, based on the specific circumstances of the case.

The San Jose California Affidavit and Request for Issuance of Writ of Execution is a legal document used in the city of San Jose, California for the purpose of initiating the enforcement of a judgment or court order. This document is typically filed by the judgment creditor, who is seeking to collect the money or property owed to them by the judgment debtor. The affidavit portion of the document requires the judgment creditor to provide certain information under oath, attesting to the validity and amount of the judgment debt, along with any additional relevant details. This may include the identification of the judgment debtor, the court case number, the date of the judgment, and the specific amount owed. The request for issuance of a writ of execution is the second part of the document. A writ of execution is a court order that authorizes the enforcement of a judgment. In this section, the judgment creditor requests the court to issue the writ, which would allow them to take the necessary actions to satisfy the judgment debt. This may involve seizing and selling the judgment debtor's property, garnishing their wages, or levying funds from their bank accounts, among other possibilities. It is important to note that the San Jose California Affidavit and Request for Issuance of Writ of Execution may refer to different types depending on the specific circumstances of the case. Some potential variations or related documents include: 1. Affidavit of Identity and Request for Issuance of Writ of Execution: This type of affidavit may be required when the judgment creditor needs to provide additional information to properly identify the judgment debtor, such as their Social Security number, address, or other identifying details. 2. Affidavit of Service and Request for Issuance of Writ of Execution: In cases where the judgment debtor has not complied with the court's order and the judgment creditor needs to prove that they have made an attempt to serve the debtor with legal documents, an Affidavit of Service may be filed along with the request for a writ of execution. 3. Affidavit for Renewal of Judgment and Request for Issuance of Writ of Execution: If the judgment creditor is seeking to renew an expired judgment, they may file an affidavit specifically addressing the renewal request, along with the request for a new writ of execution. 4. Affidavit and Request for Writ of Execution on Personal Property: In cases where the judgment creditor intends to enforce the judgment by seizing and selling personal property owned by the judgment debtor, this specific affidavit variation may be used to provide details about the property and request the appropriate writ of execution. It is important to consult with an attorney or legal professional familiar with the laws and procedures in San Jose, California, to ensure the correct form and content of the affidavit and request for issuance of a writ of execution, based on the specific circumstances of the case.

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FAQ

There are several options for collecting a judgment in California including, levy a bank account, garnish wages, perform a till tap levy or action a keeper levy.

If you do not pay the judgment within 30 days or file a Motion to Vacate the Judgment or Notice of Appeal the judgment creditor can sell your real property. The judgment creditor can get an order to sell your land, buildings, or home.

A Writ of Execution (EJ-130) is a form you fill out and have issued by the clerk....SEIZE EARNINGS: Complete a Writ of Execution (EJ-130) .Complete an Application for Earnings Withholding Order (WG-001) . Complete a Sheriff Instruction form. Give these documents to the Sheriff along with their fee.

In California, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest -- or to the debtor's personal property -- things like jewelry, art, antiques, and other valuables. (In some states, judgment liens can be attached to personal property only.)

Writ of Execution (EJ-130) 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. Get form EJ-130. Revised: September 1, 2020. View EJ-130 Writ of Execution form.

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.

Description. A writ of execution is a process issued by the court directing the U.S. Marshal to enforce and satisfy a judgment for payment of money. (Federal Rules of Civil Procedure 69).

SECTION 1. Execution Upon Final Judgment or Order. - A writ of execution may be issued motu proprio or on motion upon a decision or order that has become final and executory.

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Items 1 - 7 — completing the appropriate boxes in items 1 and 2. In the Case of Cabrera García and Montiel Flores, the Inter-American Court of Human Rights (hereinafter, the "Inter-American Court".San Jose, California 95118. Attention: District Counsel.

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San Jose California Affidavit and Request for Issuance of Writ of Execution