Legal Question in Appeals and Writs in California
Incorrect Amount on Writ of Execution Judgement
Can a motion to vacate a writ of excution be made if the amount owed in incorrect?
The judgement creditor submitted documents to the court that are incorrect. The total of judgement paid was for $8309.06; however, the creditor in error issued a credit of $7358.41, which left a balance of $950.65. Because the creditor submitted this error to the court; it is now costing me $2203.34 in interest to be paid after the judgement. The courts have documents showing these monies were collected in full. What should I do?
1 Answer from Attorneys
Re: Incorrect Amount on Writ of Execution Judgement
If you know that the credit was issued in error you are not entitled to take advantage of it. You must still pay the full amount of the judgment, plus post-judgment interest.
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