Legal Question in Credit and Debt Law in California

My wages were garnished for 8 months, there was a total of 3300 dollars taken and the debt was satisfied. That was in 08, Sep of this year my husband had an additional 4200 taken from his account for the same judgement. The courts say they only have record of me paying only 2700 dollars, that was true for 08, in 09 i payed an additional 970 dollars. Bringing this to the courts attention we were told to fill out an EX PARTE motion to be heard, how are these filled out and is there anything legally we can do to get my husband money back? that was everything we had left. I had also called the sheriff dept for a satisfaction of judgment letter, and i was told that one was going to sent out, on e was not i call back and now I'm told that a letter was not sent from the courts. I dont know what else to do.


Asked on 12/29/10, 1:57 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

It is really far too complex to try and explain how to draft and file an ex-parte motion in this forum. You either need to do some research to learn how to draft these motions, or hire an attorney to represent you. If you are indigent, you may qualify for legal aid - contact the local county bar association to see if they can assist you. Good luck.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 1/10/11, 2:33 pm


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