Legal Question in Consumer Law in California

relief from damages and losses incurred

The plaintiff in a small claims court action has taken advantage of illegal inflation of judgment amount demands denying Defendant from attempts to satisfy judgment and has sold off personal property of the Defendant, failing to supply documents subpoened, to comply with conditions and procedures necessary to enforce legal authority to enforce such action and and refusal to inform Defendant of information contained in bill of sale.

The personal property exempt from any such action lawfully conducted has been included in the sale and without any appropriate legal authority. I will be appealing a ruling denying my motion to prohibit the sale and the enforcement of the subpoena for documents requested and refused to produce by Plaintiff.


Asked on 9/16/05, 4:04 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: relief from damages and losses incurred

You post is rather confusing and hard to follow, but it appears that were sued in small claims and lost and now have a judgment against you. It sounds like the judgment creditor now as a writ of execution, which means the judgment has become final and you either lost the appeal or did not appeal at all.

The judgment creditor is entitled to 10% interest from the date of entry of judgment. They must submit a declaration under penalty of perjury to get the interest listed on the writ, so you will need to be more specific on why you think the interest is illegal.

Finally, the case is over. You have no grounds to subpoena documents from the plaintiff now.

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Answered on 9/16/05, 4:19 pm


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