Perris, CA asked in Civil Litigation for California

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?

Related Topics:
2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

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.

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Nathan Wirtschafter
Nathan Wirtschafter
PREMIUM
Answered
  • Encino, CA
  • Licensed in California

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.

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