Legal Question in Civil Litigation in California
Service process of Court Order
Short background:
Defendants lost case, money judgment already in effect. Now plaintiffs just got an Court Order for them to get appraisals of defendant's real properties. Also states ''enforceable by Sheriff''.
What does enforceavle by the Sheriff mean? That the Sheriff can help break into your house so Plaintiffs can get their appraisals done????
In fact, defendants are out of town, and Plaintiff's service method of the Court Order was post office regular mail.
Don't they have to personally servce /deliver something as important as this?
So if the defendants are out of town, what should they do? Most importantly, what would happen if they don't do anything?
2 Answers from Attorneys
Re: Service process of Court Order
My best guess is that if the defendants aren't home, and they don't have anybody taking care of the property, after the Sheriff breaks in and the appraisers leave, the premises will be wide open, and stuff will be gone.
Re: Service process of Court Order
It would seem unlikely that the sheriff would actually break into the home so that it could be appraised. Your best approach would be to contact the judgment creditor and ask that the date for the appraisal be set for a day when you will be home and available to assist the appraiser in viewing the property. It would appear that the judgment creditor is attempting to determine whether there is sufficient equity in the family home to justify the expense of attaching and selling it. You should take the judgment, other bills, value of the house etc to an attorney and review your options.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
