Legal Courier
THE MOST COMMON METHODS TO ENFORCE JUDGMENTS
I. WAGE GARNISHMENTS (CCP Sec. 706.121)
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Required Documents:
1) Application for Earnings Withholding Order;
2) Original Writ of Execution and Two (2) Copies;
3) Sheriff's Fee of $25.00;
4) Payment for Process Server (Flat Fee/Call - Depending of Location of Employer). |
II. BANK DEPOSIT ACCOUNTS and SAFE DEPOSIT BOXES
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(CCP 700.140 & 700.150)
Required Documents:
1) Instruction to the Sheriff's Department;
2) Original Writ of Execution and Two (4) Copies;
3) Sheriff's Fee of $30.00;
4) Payment to Process Server (Flat Fee/Call - Depending of Location of Bank or Garnishee) |
III. OTHER THIRD PARTY LEVIES (CCP 700.170 & 700.190)
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(Includes rent payments from debtor's properties, final money judgments, accounts receivables, etc.)
Required Documents:
1) Instruction to the Sheriff's Department
2) Original Writ of Execution and Two (2) Copies;
3) Sheriff's Fee of $30.00
4) Payment to Process Server (Flat Fee/Call - Depending on location of Third Party Garnishee) |
IV. WRIT OF ATTACHMENTS - Real Property (CCP 488.315)
Call Writ Division (800)257-2257 - We will fax a list of required documents.
A Writ of Execution is an order issued by the court which authorizes the judgment creditor to execute (collect) and satisfy the Judgment. It instructs the levying officer (Sheriff or Process Server) to take into possession the judgment debtor's assets or property.
A Writ of Attachment is a document which authorizes the officer to encumber the property or assets of the defendant. A Writ of Attachment is issued (in very limited instances*) prior to a judgment to ensure that plaintiff will be able to collect or recover assets or property if he or she prevails in a lawsuit.
California registered process servers are authorized to serve writ of executions or attachments. The table below lists the types of Writ of Levies and Attachments that may or may not be served by a process server.
| GENERAL DESCRIPTION |
WRIT OF EXECUTION |
ATTACHMENT |
| Real Property |
C.C.P. Section 700.015 |
488.315 |
| Growing Crops |
C.C.P. Section 700.020 |
488.325 |
| Personal Property |
Not Authorized |
488.355 |
| Equipment of Going Business |
Not Authorized |
488.375 |
| Motor Vehicles Used as Equipment of a Going Business |
Not Authorized |
488.385 |
| Farm Products of a Going Business |
Not Authorized |
488.405 |
| Property in the Custody of a Levying Officer |
C.C.P. Section 700.050 |
Not Available |
| Personal property Used as Dwelling |
C.C.P. Section 700.080 |
488.415 |
| Deposit Accounts |
C.C.P. Section 700.140 |
488.455 |
| Property in a Safe Deposit Box |
C.C.P. Section 700.150 |
488.460 |
| Accounts Receivable or General Intangible |
C.C.P. Section 700.170 |
488.470 |
| Final Money Judgments |
C.C.P. Section 700.190 |
488.480 |
| Interest of a Defendant in Personal Property in the Estate of a Decedent |
C.C.P. Section 700.200 |
488.485 |
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