Q: Questions are at the end. Thanks in advance.
Court Judgement;
The court finds in favor
of Plaintiff on his breach of contract claim against Defendant in the amount
of $126,000.00 .
Prejudgment interest at the contract rate is awarded and shall be calculated from November 20, 2017.
Costs to be determined based on timely filed memoranda of costs and any motions.
Plaintiff is ordered to submit a proposed judgment, including prejudgment interest calculations, by
October 29, 2020. Plaintiff’s proposed judgment should be prepared using the applicable Judicial
Council form judgment (JUD-100)
Questions:
1. Does Plaintiff come to on Defendant's bank account immediately?
2. Does Defendant have to File a Claim of Exemptions immediately? Or wait till October 29, 2020?
3. Plaintiff lied that he didn't receive any debt repayment in cash during the Trial? Can Defendant stop this judgement to prove Plaintiff's lie?
A:
1. Not until the Judgment is entered. A notice of entry of judgment should also be served and filed.
2. Defendant can file the claim anytime but possibly best to wait until Judgment is entered.
3. Will the Plaintiff sign a partial satisfaction for the amount?
You paid cash during a trial? Did you get a receipt? What were you thinking? A post trial motion is an option. Suggest you retain an attorney.
Justia disclaimers below, incorporated herein.
A:
To collect on a judgment, after the judgment is issued by the Court, the judgment creditor must request the issuance of a writ of execution from the clerk's office. The writ of execution must be delivered to a levying officer, for example, the county sheriff or marshal, along with instructions identifying the property to be seized. (Code Civ. Proc. 680.260). The instructions are usually on a preprinted form which is often available on the internet. The judgment creditor must also prepay the levying officer's fee and/or a deposit.
The levying officer then "levies" upon the property. For example, a levy might include garnishment of wages or a bank account. The levying officer also completes a "Notice of Levy" form which is served upon the judgment debtor promptly after the levy is made.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
