If you file a lawsuit and then win your case at trial, and the other party is ordered to pay you money or turn over property, then you are the "judgment creditor” who is entitled to collect that amount from the losing party, the "judgment debtor." A Levy is unnecessary for defendants who pay voluntarily. However, some defendants ignore
the judgment against them, and thereby force plaintiff to enforce
the judgment by performing a levy execution.
To collect the judgment, you have to take certain legal steps yourself. The court system does not initiate the collection process, but assists you in certain ways to collect the amount owed.
One of the legal steps you can take is to obtain a writ of execution. A writ of execution is a court order granted to you that typically orders a sheriff or other similar official to take possession of property owned by the judgment debtor. If the property in question is real property, then the property ordinarily is sold in a sheriff's sale and the proceeds are given to you in partial or full satisfaction of the judgment. If the property is personal property, the sheriff or process server can take possession by levying on - for example – the debtor’s bank account.
In California the rules regarding collection of judgment debts are governed by California Code of Civil Procedure (“CCP”) sections 699.510-699.560. Section 699.510(a) provides: “(a) ..., after entry of a money judgment, a writ of execution shall be issued by the clerk of the court, upon application of the judgment creditor, and shall be directed to the levying officer in the county where the levy is to be made and to any registered process server....” Successive writs can be issued until the money judgment is satisfied.
Under CCP section 699.080(a), a registered process server may levy under a writ of execution on certain types of property, including real property, deposit accounts, property in safe deposit boxes, and accounts receivable. This section prescribes certain procedures for the registered process server to follow.
If you need assistance with your writ of execution, contact Direct Legal Support, Inc. today. Direct Legal Support, Inc. is a license and bonded company, who provides full service handling of writs of attachment, writs of execution, and earning withholding orders under the 1983 Enforcement of Judgments Act.