writ of attachment

[riverbudfriend]

What is the name of your state? CA

I got my judgment for back rent and it has been 30 days since they got the letter from the courts and I have not received a appeal . I want to attach their wages, how do I get a writ of attachment and what do I do with it , i.e. take it to sheriff to take to place of employment, but first should I try to get them to pay the whole amount its been 2 years that they have owed me so I doubt it ? Their are 2 persons involved one owes more than the other , they are brother and sister so How do I proceed or do I just have each one pay half each, Thank you, riverbudfriend

 

[HomeGuru]

What is the name of your state? CA

**A: OK, we give up.

 

[riverbudfriend]

don't give up read again, I cliked save and had to go back to get it posted

 

[dcatz]

First, you don’t get a writ of attachment. In CA, that’s a pre-judgment remedy. (It’s also pretty complicated and requires posting a bond. You wouldn’t like the experience, if it were what you needed.)

You want a writ of Execution. You can download a blank from here:
http://www.courtinfo.ca.gov/forms/

Fill it out and submit it to the court with the $15 fee. Submit at least 3 copies and a SASE.

When you get it back, send the original and at least one copy to the Sheriff, with appropriate service instructions, a $30 fee and an Application for Earnings Withholding Order, which you can get from the same site.

As far as one owing more than the other, nobody can tell you anything about that without seeing your judgment. The writ of Execution is going to have to correspond to the judgment exactly. If the judgment said “A owes $XXXX.xx and B owes $XX.xx”, that’s the way your writ must read and that’s the way it will be enforced. If the judgment said “A and B owe $XXXX.xx, individually, jointly and severally”, they’re both equally on the hook. (It sounds like you might not have made that distinction. Get a default judgment?)

(Now please delete the duplicate post. It will just cause problems for responders.)

 

[riverbudfriend]

writ of EXEc...SSN#

I had the sheriff serve the company (disneyland) and I got a letter back stating they were unable to process your request for following reason: Social Security number needed.
My question is what is my next step. Do I get a court order for Disney to give me them or can I send them a copy of their canceled checks from Disney's credit union or I can get their department number and location code along with their address should be enough, but they keep skipping out on their rents and moving, but I can find them. What do you suggest or what is the Law for getting this info??? Thanks riverbudfriend

 

[dcatz]

The SSAN is an “if known” item on the Application for Earnings Withholding Order form. It’s the employer’s obligation to work that out but, if your judgment is against “John Smith”, there are a half dozen working for Disneyland and your address doesn’t relate to any on file, I can understand the employer’s problem as well.

The rejection notice that came back was actually signed by somebody (or should have been). Before trying to subpoena records etc., why not just contact that person or Disneyland Payroll and Accounting and see what can be done with the information that you have? Cooperation will save you all from jumping through hoops.