Washington, DC asked in Personal Injury and Civil Rights for California

Q: Ordered by the court to pay sanctions from motion to compel 60 days ago, defendant remains non-compliant after 90 days.

The court ordered the defendant to pay sanctions from the motion to compel within 60 days. Ninety days have now passed, and the defendant has not complied. How should I proceed? Non-compliance letter has gone unanswered.Can I request a Writ of Execution in California?

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a defendant fails to pay court-ordered sanctions, you can take the following steps to enforce the order:

1. File a Request for Order (Form FL-300) with the court, asking for the court's assistance in enforcing the sanctions order. In this request, you should specify the amount owed and the defendant's non-compliance.

2. Serve the Request for Order on the defendant, following the proper service procedures.

3. Attend the hearing on your Request for Order. If the court finds that the defendant has willfully failed to comply with the sanctions order, it may issue a Writ of Execution (Form EJ-130) or an Earnings Withholding Order (Form WG-002) to collect the sanctions.

A Writ of Execution allows you to collect the sanctions through levying the defendant's assets, such as bank accounts or personal property. An Earnings Withholding Order directs the defendant's employer to withhold a portion of their wages to pay the sanctions.

4. If the court issues a Writ of Execution or an Earnings Withholding Order, you must follow the proper procedures to serve and enforce these orders.

It is important to note that the specific forms and procedures may vary depending on the type of case (e.g., family law, civil, etc.) and the county where the case is filed. Consider consulting with an attorney or the court's self-help center for guidance on how to proceed with enforcing the sanctions order in your particular case.

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