Legal Question in Wills and Trusts in California
I am suing my sister, trustee to three trusts set up by our grandmother when she breached the trust with fraudulent intent and forged my name and notary stamps to release my interest in the trust assets, mainly real property. What happens after a default judgement in a civil or probate case when requesting monetary relief, I know I have to file a default with the clerk if she doesn't respond to the petition the 4th time (and this summons the judge may issue an OSC). If requesting damages how does a levy work or wage garnishment or lien on property get set up? Lastly, Can you petition for putting a lien on property or assets owned by a defendant who refuses to respond to a claim seeking monetary damages prior to the judgement. Do I have to do an asset search prior to litigation to know where to go for a bank levy? If a defendant is married and they have community property can only one be sued or do I have to sue them both? In my case the husband had to have wondered where all the money came from but will be a related third party but his name is signed in all the recorded documents right along with hers and the 4 businesses they have owned I believe were used to hide the source of the moneys siphoned out of these trusts over the last ten years. I am on my own here as no lawyer wanted to help me with this when I discovered the breach ten years after the fact when I first learned of the trust.as well as my beneficiary interest in the trust and the fraud and forgery conspired. She and I were sole beneficiaries and she was named as trustee.
1 Answer from Attorneys
Everything depends on the relief you requested in your petition.
If your petition asked for monetary relief, you will likely have a "prove up" hearing to establish the amount of the loss, to either the trust or the beneficiaries.
You are unable to obtain a levy or wage garnishment until you have an enforceable judgment, which would come after any "prove up"hearing.
You really need to see an attorney on a limited representation basis to help you with this. I suspect that an hour of an attorney's time will answer a huge number of your questions and help you navigate the judicial labyrinth. These just are not questions that can be answered precisely without a review of your papers and the court proceeding.
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.
