Legal Question in Business Law in California

writ of execution

Can someone file for a writ of execution after a full release given and removal of lien from my property? X filed a writ of execution in court in pro per, claiming after a year and half that her attorney made a mistake in calcualtion of judgement. she filed the writ, collected her claim and charged me 10% interest on the money. I feel I have a cause of action for this illegally obtained writ.


Asked on 1/30/07, 12:35 am

3 Answers from Attorneys

Re: writ of execution

Yes, you have recourse. THe claim of her attorney's mistake is one that she can pursue against her attorney.

What she has done is abused the court's process and you have suffered damages. You should take action.

Consult with an attorney.

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Answered on 1/30/07, 9:37 am
Amy Ghosh Law Offices of Amy Ghosh

Re: writ of execution

Yes....you need to act quickly. When she re-filed the writ, I am not sure why you did not do anything at that time.

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Answered on 1/30/07, 10:53 am
Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: writ of execution

The clerk is not supposed to issue a writ of execution if a full satisfaction of judgment has been filed, without some kind of court order. Was this the case? If so, you may need to go to court to quash the writ.

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Answered on 1/30/07, 12:59 pm


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