Legal Question in Credit and Debt Law in California

Writ of Execution

I am at present in Australia with my Australian wife on a personal matter. My sister has efaxed me a Writ of Execution served on a tenant in a property I own in California. The Writ was to be served in accord with CCP 699.080 or CCP 715.040. The Writ demands I pay an amount of $22,000 or my property will be sold.

This property already has a large lien already attached to it. If I am unable to pay the $22,000 and the property is sold - does the first lien on the title get paid before the $22,000 as if this first lien is paid there would in not be enoough equity left to pay the $22,000??? Also if I were to start making payments to the Court would that stop any sale

from proceeding?? Any advice would be greatly appreciated.

Would


Asked on 11/23/01, 9:42 pm

3 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Writ of Execution

Thanks for your posting.

In order to force the sale of the property, this new lienholder would have to BUY OUT the primary lien, and would then be in a position to force the sale. This is rare.

They do, however, have to advise you of the possibility that your property may be sold if you don't comply.

One option that will stop them from taking any action is the filing of bankruptcy, if you have considered doing so and if appropriate to your situation.

Thanks again, and if you have any other questions or need more information, please feel free to call me at 1-877-568-2977 (toll free) or email me, and I'll help in any way that I can.

Robert Miller, Attorney at Law

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Answered on 11/26/01, 5:59 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Writ of Execution

The writ of execution would not take first position, providing it was not recorded before your described "prior liens." The prior liens remain prior. Paying to a court does not satisfy the writ, I don't even think there is such a procedure available. You have a creditor who is executing on your real property to satisfy his judgment. Paying the creditor is the only way to avoid the judicial sale.

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Answered on 11/24/01, 8:44 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Writ of Execution

you have a very complex problem that requires immediate action. you need to get off the internet and talk to a lawyer in the area where your property is now. this is not something that can be handled here.

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Answered on 11/24/01, 2:32 am


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