FAQ
JUDGMENT COLLECTIONS (BANK LEVY & WAGE GARNISHMENT)
I won my case, but the opposing party does not want pay. How can you help me collect?
We do two services (1) Bank Levy and (2) Wage Garnishment (Earnings Witholding Order).
So what happens after I give you the above paperwork?
Once we receive the documents, here is the outlying procedure:
- We prepare and draft all required documents that will need to be attached to open the file with the County Sheriff.
- We open a file with the Sheriff.
- We serve the Bank or Employer.
- We file the proof of service with the Sheriff’s Department.
- We mail out the Proof of Service to you.
- Check will be mailed to you from the Sheriff after.
What is the turnaround time for a Bank Levy and Wage Garnishment?
The usual turnaround time for our company is usually about one to two weeks, as long as no problem arises with the paperwork you submit us. However, the time which you receive any response is dependent on each County Sheriff’s local rules and procedures. On average it usually takes about 4-6 weeks after we serve the documents, you will receive a response from the Sheriff regarding the bank levy or wage garnishment.
Can I contact the Sheriff’s Department regarding the Bank Levy or Wage Garnishment?
Yes. On the proof of service we send you, there is a Sheriff’s file number. Anytime after the service you can call the Sheriff’s Department Civil Division. Just provide them with the Sheriff’s File Number and you can inquire if there was a response from the bank or employer.
I have a judgment. Where do I get the Original Writ of Execution?
The Original Writ of Execution is issued by the Clerk of the Court from the County where you won your judgment (30 days after the hearing). Make sure that you get the writ issued for the County that the Bank Levy or Wage Garnishment will take place. IMPORTANT: Make sure that all sections in the Writ of Execution are filled: For “null” amounts, make sure to put "0.00" for the amount and any amendments initialed by the clerk of the court. We highly recommend to have your Writ of Execution typewritten.
What is the interest rate charged on the collection of judgments?
The interest rate is determined each year by the State Treasurer. The current rate is 10% as of April 2009.
How do I calculate the daily interest?
For a Writ of Execution (Money Judgment) – Issued in California the daily interest is calculated as follows:
For Example: Your Subtotal is $5,000.00 (Line 15 on the Writ of Execution)
DAILY INTEREST = [(Subtotal/365) * .1]
DAILY INTEREST = [($5,000/365)*.1]
DAILY INTEREST = $1.37
Can’t I do this service myself?
No. In California, only Licensed Process Servers are allowed to open files with the Sheriff regarding bank levies/wage garnishments and complete this type service.
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