How soon after a judgement can a creditor request a writ?

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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 9 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.


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