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What Documentation Must the Creditor Provide? A copy of the original written agreement between the parties, such as the loan note or credit card agreement, preferably signed by you. If the account has been sold to another creditor, then that creditor must prove that it has the right to sue to collect the debt.
EJ-130 Writ of Execution. Page 1. Form Approved for Optional Use. Judicial Council of California.
To file a Claim of Exemption for a levy or other nonwage garnishment Fill out a Claim of Exemption (Form EJ-160 ) and a Financial Statement (Form EJ-165 ). Use the Exemptions From the Enforcement of Judgments (Form EJ-155.
Read the letter carefully to see if it indicates that the debt has been reported to the credit bureaus, and check your credit report to verify that. If it hasn't, you can consider paying, as long as you get a letter in writing from the creditor that they won't report it if you pay in full.
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.
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.
If you receive a notice from a debt collector, it's important to respond as soon as possibleeven if you do not owe the debtbecause otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.
How to vacate your judgment Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.
Once the collection company receives the letter, it must stop trying to collect the debt until sending you written verification of the debt, like a copy of the original bill for the amount you owe. Consider sending your letter by certified mail and requesting a return receipt to show that the collector got it.
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.