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Enforcing a Judgment - Bunch of questions

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unigo

Junior Member
What is the name of your state (only U.S. law)? CA


I am domesticating a WA judgment to a LA Superior court (Debtor lives in CA). I am aware that the court will not execute a seizure order (Writ) for personal property in the 30 days notice period of the debtor.
I have a few questions if I may?

1. Can I start the process in the 30 days notice period time?
2. If so will the court start processing the writs (Bank garnishment) in this time frame so that they are ready to serve on the bank once notice period has passed?

Thank you
Chris
 
Last edited:


latigo

Senior Member
What is there about Cal. CCP Section 1710.45 that has you so confused as in need of asking?

Does it not state that a writ of execution shall NOT be issued until 30-days after service of the notice of the entry of the judgment has been made according to rule?

Unless you can make a convincing ex parte showing that Section 1710.45 2(c) applies, the writ will not be prematurely issued. Plus there is little chance of an ex parte order being issued within your 30 days. Not when you file the motion after the judgment is entered.

Also there is a difference between issuing a writ and executing a writ. Courts do the former, not the latter.
 

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