Legal Question in Credit and Debt Law in California

Re: Writ of Execution

The writ of execution is directed toward his bank. If you share an account with him, they will take it. It is too late to close his accounts as they have already been frozen.

He can file bankruptcy now and potentially get his money back, but he would have to act quickly before the Sheriff turns the money over to the creditor.

He may also be able to file a motion to vacate the underlying judgement and recall the writ.

Re: Writ of Execution

If he does not own the furniture, then in theory they cannot execute against it. That being said, its going to be difficult to prove ownership, unless you have receipts for everything - and even then, its going to be more likely than not that they will assume some or all of the furniture is his. He should claim the exemption on both the furniture and his car, and note in the response that the furniture does not belong to him. As for bank accounts, its generally too late to transfer money once you have received the writ. The creditor can take him to court (which is probably their next step) and demand certain info from him under oath - such as where his money is located, etc.... I suggest that he contact the creditor and attempt to work out a payment plan.

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