Legal Question in Real Estate Law in California

How do I garnish rental income after receiving a judgment? I have a judgement against my brother who was terminated from his job and has collectors after him for a series of debts. We also have a partiton sale in place for a house that we own jointly. Within the next month or so, there should be a court appointed referee/mgr who will collect past due rent and current rent. Can I serve that referee for the amount of my judgement? If so, how? After I file a Writ of Execution with the court, do I serve that Writ to the referee, have a process server serve the referee, or what? Please advise?


Asked on 11/15/12, 6:18 pm

1 Answer from Attorneys
Victor Waid Law Office of Victor Waid

Once the referee is appointed, you should have the sheriff of the county or a licensed process server to serve the Writ of Execution on the referee; have your Writ of execution prepared ahead of time; you will need to follow the sheriff instructions upon what is required for service and fees; I advise you may want to obtain a bonded process serving company who can escrow the funds pending any claim your brother may file with the court for the funds, rather than the sheriff, as sheriff's offices are burdened with cases.

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Answered on 11/16/12, 6:04 pm


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