Legal Question in Credit and Debt Law in California

Appeal

I would like to know how I file an appeal for a Claim of Exemption on a bank account that I levied. The judge quashed by Assignment of Judgment because it did not pertain to CCP623. The sheriff is still holding the funds and I need to know how to file an appeal pertaining to the Assignment of Judgment.

Thank you,


Asked on 2/24/00, 7:41 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Appeal

You did not provide enough facts to make your question clear. However, I will assume that you are not the original creditor, but have been assigned the judgment for collection. The judge was probably referring to CCP 673, not 623, which is referenced in CCP 681.020. "An assignee of a judgment is not entitled to enforce the judgment under this title unless an acknowledgment of assignment of

judgment to that assignee has been filed under Section 673 or the

assignee has otherwise become an assignee of record."

You may not have fulfilled the statutory requirements to become an assignee of record. These will have to be fulfilled prior to obtaining execution. See CCP 673 for details.

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Answered on 3/07/00, 6:16 pm


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