Legal Question in Real Estate Law in California
Can a Writ of Execution be filed with the court PRIOR to knowing what bank account can be levied? I plan on levying against an escrow account but the escrow account has not yet been established. Is the levying account information necessary at the time of filing or can that information be provided to the Process Server and/or Sheriff at a later date?
2 Answers from Attorneys
You can go on the California Courts' web site and look at the Judicial Council forms for Writ of Execution and Notice of Levy, forms EJ-130 and EJ-150, respectively. I think the answer to your question is yes, but maybe it makes more sense to wait. (Technically, the Writ is prepared by the creditor or attorney and presented to the court clerk for issuance.)
More significantly, wouldn't you be safer using an attorney who is experienced in collection of judgments?
Also, levy on escrow accounts occasionally raises some additional issues as to ownership of the funds in the account. Legal assistance is recommended.
The account number and identity of the account are not information that is entered on a writ of execution. That information is provided to the sheriff, however, once the writ of execution is issued.
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