How soon after a judgement can a creditor request a writ?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How soon after a judgement can a creditor request a writ?
I lost a case in small claim appeal and about 2 weeks after I received the judgement notice. I went to the court to pay but the court receptionist told me that the plaintiff has put a writ. Although, I paid the money to court and the court cashed the check the following day, the sheriff sent me a letter at my work place and my home, that they were going to garnish my wages. I thought the court can accept the writ a month after the judgement?
Asked on December 27, 2011 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In most states in this country, the judgment creditor can immediately seek a write of execution to levy upon a judgment debtor's assets. In your situation, since you paid the money regarding the small claims matter to the court clerk that you owe, I would write the judgment creditor a letter to this effect so as to conclude the legal dispute and get a signed and filed full satisfaction of judgment so that you do not have to worry about any levy or garnishment proceedings.
If your employer is served with a wage garnishment by the judgment creditor, I would serve and file a claim of exemption with the court on the grounds that the satisfaction of the judgment has been paid to the court clerk by you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.