Legal Question in Credit and Debt Law in California

When can a ''Writ of Execution'' be filed?

Judgement was entered in April for me to pay $XXX. I sent the ''winner'' a pink letter i got in the mail stating all my assets and money i own.I stated i would only be able to pay $xx/month. He agreed since i didnt hear nothing from him or court. 6(six) months later i receive a writ of execution saying that if i dont pay in full, interested will be added($0.98/day). Ive sent him all the money on time, like we agreed. Can he still file that writ of execution, eventhough he had agreed to a previous agreement???


Asked on 10/05/02, 2:28 am

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: When can a ''Writ of Execution'' be filed?

A Writ of Execution is a writ in furtherance of the collection of a judgment. It should state how much is owed, the interest owing on the judgment amount, and the allowable costs of collection. If you have a separate agreement with the judgment creditor, that would be enforceable, but, is it in writing? If not, he can deny its existance, and the burden would be yours to convince the trier of facts of your agreement. This, however, will take a separate action, that is, a motion to vacate the Writ of Execution.

Read more
Answered on 10/05/02, 2:49 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California