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leins and levys even though we had a payment agreement?

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lost99

Junior Member
What is the name of your state? California

Here is the situation (please bear with me). We were sued and lost. Judgement was issued for us to pay. We asked the clerk's office to make payments since we could not afford the judgement in full. She stated that we can just send in whatever we can afford. Asked her if we have to file any forms. she stated no. We called the creditor and told him we cant afford full payment of judgement but that we would make payments. He said he wanted it in writing. We sent certified letter with the payment plan (one of his workers signed for it). Two days later he filed for a levy on a bank account from an old check we gave him (6month old check he made copy of). We filed for exemption. Aparently he rejected it because we were assigned a court date (and we did not show up). We followed up with the sheriff's dept regarding the exemption andwe were told that it was the plaintiff's responsibility to inform us of the court date. Then, 3 months passed after the levy and we made payments. All payments were made with personal checks, copies were made and sent certified mail. He received all payments on time. He never cashed any of the checks, interest kept acruing on the principal balance and he did not contact us refusing the payment plan. Last week he did another levy on an account, two days later a sheriff served us with a court order for examination, we were assigned a court date, and two days later we received a letter from the county that our house had a lein on it. The court date for the examination of judgement is on Jan 29, we just filed exemption on the levy, and well we dont know what to do in regards to the lein on the house.

I know that he is going to reject the exemption, so we will be assigned a court date, I am also aware that because he did not let us know about the first exemption hearing, he is not going to tell us about the second one, so we're checking daily with the sheriff regarding the court date and the court clerk.

I am trying to figure out if he can do this? Doing the levy, the lein, the court order...all these fees are being added to our judgement when we are making payments BUT he's not cashing them. We copy of the letter regarding payments, all the checks sent and return receipt of delivery...He even had his 11 year old daughter sign for them....if he claims that he never received the checks wouldnt his daughter, a minor, go to juvinile because she is tampering with certified mail? isnt opening someone else's mail a federal offense?

Any advise as to what to say to the judge at the exemption hearing or the hearing for evaluation (which ever comes first) would be greatly appreciated!

Also, the levy on the account is a shared account for my parents, so my mom was dragged into this. She submitted a third party letter claiming the money, but if he rejects it, she would have to go to court? Mom is the only source of income and cant take days off of work.What is the name of your state?What is the name of your state?
 



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