1055 West 7th Street
Los Angeles, California 90017
Phone: (310) 463-5122
CALIFORNIA WRITS OF EXECUTION:
If you win your case, the money the court awards you is called the "Judgment". You are the "Judgment Creditor." The person or entity that owes you the money is the "Judgment Debtor." The Judgment Debtor has Thirty (30) days from the mailing of the entry of Judgment to pay you the money ordered by the court, or they must do one of the following:
File a Request for Time Payments;
File an Appeal; or
If they did not appear, file a Motion to Vacate Judgment
How do I Collect My Money?
If the Judgment Debtor does not pay you within 30 days from the mailing of the Entry of Judgment, there are ways the Sheriff can help you collect your money. To collect money, you must first get a Writ of Execution. A Writ of Execution is an order from the court to the Sheriff that allows the Sheriff to collect money owed to you. We can prepare a Writ of Execution to be filed with the County Court Clerk’s Office. Once the Write of Execution has been signed by the Clerk of Court, here are some ways the Sheriff can help collect your money:
If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy).
If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor’s wages each pay period until your judgment is paid in full (wage garnishment).
If the Judgment Debtor is a business and uses a cash register, you can instruct the Sheriff to do a Till Tap. This lets the Sheriff make a single trip to the business and take all cash and checks from the cash register.
You can also request a Keeper. This lets the Sheriff stay at the business location for eight hours or more and collect all cash and checks received that day.
Once the Write of Execution is signed by the Court, we complete the "Sheriff's Instructions" to let the Sheriff know which of the above you want done. Each County has fees they charge for each of these services.
How Can I Find Out Where the Judgment Debtor Works or Banks?
We can assist you in requesting a Judgment Debtor Hearing.
What Else can I do to Collect?
Here are three (3) other ways you can put pressure on the Judgment Debtor to pay your Judgment.
Place a Lien on Property: If the Judgment Debtor owns real estate, we can assist you in placing a lien on their property. If you do this, the Judgment Debtor will not be able to sell or refinance that property without paying you first. To do this, we assist you in completing an Abstract Judgment Form and filing that with the County Clerk's Office. After the County Clerk stamps it, we record it it at the County Recorder's Office in the County where the property is located.
Suspend the Debtor's Driver License: If your Judgment involves an automobile accident, the Department of Motor Vehicles can suspend the Judgment Debtor's Driver License until payment is made.
Place a Lien on a Business: If your Judgment is against a business, you can record a lien with the Secretary of State's Office. To do this, we can assist you in preparing a Notice of Judgment Lien, serving a copy of the Notice of Judgment Lien on the Judgment Debtor (personal service), and filing the Notice of Judgment Lien with the Secretary of State.
Can I Add Collection Costs and Interest to my Judgment?
Yes. You can add your collection costs plus ten (10) percent interest per year onto your judgment. To this, we will assist you in preparing a "Memorandum of Costs After Judgment", "Acknowledgment of Credit", and "Declaration of Accrued Interest" and filing that with the County Clerk's Office. You have two years from the date you paid to add collection costs to your judgment. You can add interest anytime prior to collection.
How Long do I Have to Collect the Judgment?
You have ten (10) years from the date of the Judgment was issued to collect your money. If you cannot collect within ten (10) year, you can renew the Judgment for another ten (10) years by filing an "Application For Renewal of Judgment" and "Notice of Renewal of Judgment." These forms must be filed with the Clerk's Office before the end of the ten (10) year period. The Judgment Debtor must be served and Proof of Service must be filed with the Court.
Steve Muehler cannot provide legal services to individuals. Steve Muehler can only provide Paralegal services to Attorneys in good standing with the American Bar Association, State Bar Association and Local Bar Association. If you are in need of Legal Assistance and you are not an attorney, you must seek the advice of an attorney. Please do refrain from emailing Steve Muehler with requests that are not made by a bona fide attorney in good standing as mentioned previously.
Hourly Option: Rates will be based on an Hourly Rate of $45.00 per hour plus expenses incurred including, but not limited to, postage and purchase of any special software necessary to complete task. Time to complete the job will be estimated and any projects estimated over $200.00 will require a TBD down payment. Steve Muehler Bills for Services Rendered each week. Steve Muehler requires a signed contract, which outlines the project details, prior to beginning any work.
Flat Fee Option: Flat Fee Option is a Flat Fee for an entire Writ of Execution (including all filing / Sheriff's Office / e-Recording fees) regardless of hours required. The Flat Fee Option requires 100% of the Flat Fee paid at engagement. Flat Fee Option - $950