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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.
Renew the judgment Money judgments automatically expire (run out) after 10 years. To prevent this from happening, the creditor must file a request for renewal of the judgment with the court BEFORE the 10 years run out.
Step 1: Obtain a Writ of Execution.Step 1a: Complete the Writ of Execution (EJ-130) form.Step 1b: Adding Costs and Interest (optional)Step 1c: Obtain a File-Endorsed Copy of Your Judgment.Step 1d: File Your Documents.Step 2: Complete the Application for Earnings Withholding Order.Step 3: Have Your Documents Served.
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.
The writ of execution shall be made returnable to the Officer who issued within ten (10) days after the full satisfaction of the judgment award or after the expiration of five (5) years from the date of entry of judgment or issuance of a certificate of finality.
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.)
(b) The levying officer may not levy upon any property under the writ after the expiration of 180 days from the date the writ was issued. 699.540.
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.
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.
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.