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Susan Ashabraner’s Answers

327 total


  • I had a bank levy served and believe the bank sent out funds. How long does it take for the sheriff to process the levy funds?

    Levy was served on Oct 18 and Bank said it sent out funds Oct 28th. La County Sheriff webpage still shows no funds for disbursement as of 12/4

    Susan’s Answer

    The sheriff collects the funds and sends them to the county. The county will issue you a check less a $10-12 processing fee. Call the sheriff and ask him when he sent the funds to the county.

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  • What should I do if the creditor does not file the acknowledgement of satisfaction after we fully paid the judgment 4 months ago

    The creditor's excuse is that he has not received the levied fund from Los Angeles County Sheriff's office. LA sheriff levied my bank fund in July, but the fund is still held with no payout date. Why does the sheriff not release the fund after 4 ...

    Susan’s Answer

    Call the sheriff and ask him to release the funds to the creditor and to file the writ with the court with the designation it has been fully satisfied.

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  • If I have a judgement against someone to pay almost $8000.00, can I file a contempt of court if they ignore the judgement?

    if I have a judgement against someone to pay almost $8000.00, can I file a contempt of court if they ignore the judgement? it was a labor issue, I wont, it was sent to Superior court as a judgement to pay and she has ignored it. it seems that s...

    Susan’s Answer

    I agree with Mr. Patrick; ignoring the judgment does not constitute contempt of court. If the judgment debtor does not pay the judgment voluntarily, you will need to enforce/collect it yourself (or hire a collections attorney).

    Here are some Do It Yourself resources:
    http://www.saclaw.lib.ca.us/pages/lawsuits-judgments-topic.aspx
    http://www.courts.ca.gov/1014.htm (This pertains to collecting Small Claims judgments. The rules and documents pertaining to enforcing your Limited Civil judgment will differ slightly. For example you cannot use any Judicial Council form that begins with SC.)
    The Rutter Group "Enforcing Judgments and Debts" practice guide

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  • I loaned a friend some money over a year ago and she hasn't paid a dime back... actually it was my mom who loaned it to her.

    my mom and I need this money back it was a 300.00 loan.. what do we do? she has had the money to pay this back but every time I confront her she has an excuse...

    Susan’s Answer

    As my colleagues stated, your mother can sue the debtor in small claims court. The Riverside County Superior Court has a Small Claims self-help website: http://www.riverside.courts.ca.gov/selfhelp/civ_smallclaims.shtml.

    If the contract was oral instead of written, then the deadline to file the lawsuit is 2 years. If the debtor sent your mother a written promise to pay the debt, then the deadline is 4 years.

    I agree with my colleague's recommendation that your mother mail a demand letter to the debtor, and then file the small claims lawsuit if the debtor does not send payment by the date your mother designates (perhaps 10 days).

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  • If I cant get ahold of the levying officer to ask for a claim of exemption what recourse do I have?

    Levying officer is in L.A., (I'm in northern Ca.). There was no number for the Sherriff's Dept ,but I tracked the phone number down on line for this dept. They don't answer this line...today is my last day to file to request an exemption from tak...

    Susan’s Answer

    You can download a fillable form from the California Courts website: http://www.courts.ca.gov/forms.htm?filter=EJ. The Claim of Exemption form is EJ-160. In addition, you need to print out forms EJ-155 Exemptions and EJ-156 Current Dollar Amounts to find the code section and exemption amount for your exemption. If you can't have the Claim of Exemption physically delivered to the sheriff by the deadline, then fax the Claim to him and thereafter mail the original Claim to him. Make sure you include the sheriff's file number in the appropriate box on the Claim.

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  • I have a Bank Levy and now they want to use my wifes account as a Third Party Garnishee. What paperwork does she need to file?

    She wants to protect her account. Does she file Claim of Exemption? Or does she have to claim debt is not hers? If so what paperwork is needed. we are in California. It is a credit card debt for $24000. All my debt not my wives. The paper is Notic...

    Susan’s Answer

    You will need to do some research at your local public library, or better yet, consult with a debt collections defense attorney. This website is a helpful resource, as well: http://www.saclaw.lib.ca.us/pages/lawsuits-judgments-topic.aspx.

    Only you, the debtor, can file a Claim of Exemption (California Judicial Council form EJ-160). http://www.courts.ca.gov/forms.htm?filter=EJ Also read exemptions Forms EJ-155 and EJ-156. If you file the Claim due to financial difficulties, attach a Financial Statement (form EJ-165) to your Claim of Exemption. The statutes governing Claims of Exemption are CCP 703.510, et seq.

    Your wife's potential third party claim is governed by CCP 720.120, et seq. Unfortunately, there are no fill-in-the-blanks forms for such a claim; instead, you will need to file the claim using pleading paper. The Matthew Bender practice guides, California Forms of Pleadings and Practice and California Points and Authorities will help you write the claim.

    Before you do, I suggest you consult with a debt collections defense attorney so s/he can determine the merits of your wife's claim. For example, if the debt was incurred while you were married, then the judgment creditor can lawfully levy your and your wife's community property. However, if your wife keeps her separate property segregated from your community property, then she probably has a meritorious claim. In addition, some types of property are exempt from enforcement.

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  • Claim of Exemption denied. What next?

    A creditor garnished our bank account. The funds in this account went direct from a paycheck which was meant to pay for the cost of supporting our family. House Payment, food medicine etc. (Very bad timing, I guess keeping money in the mattress is...

    Susan’s Answer

    I suggest you consult with a bankruptcy attorney ASAP. Regardless whether you file a petition for Chapter 7 (complete discharge of most debts) or Chapter 13 (payment plan to repay debts), the filing of such petition would immediately stay (stop) all judgment collection efforts. And if you file bankruptcy within 90 days of the levy, you should be able to get the levied money back (ask the bankruptcy attorney!).

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  • Judge exused debtor civil matter when creditor did not show up for asset examination.

    the creditor did not show up for asset examination. judge ordered me as excused and said do not contact creditor and do not pay. now ive been served with a court date for another asset examination by creditor under same case. was i not excused for...

    Susan’s Answer

    Read the bottom half of the Order to Appear for Examination (Form AT-138, EJ-125) you received. Paragraph 8 alludes to CCP section 708.110, which states the court can only order you to appear for an examination every *120* days (not 180 days, as my colleagues stated) unless the creditor attaches an affidavit showing good cause (see http://codes.lp.findlaw.com/cacode/CCP/3/2/9/d2/6/2/s708.110). If the 120 days has not elapsed, then contact the judgment creditor (or his attorney) and demand that he take the matter off calendar.

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  • What kind of attorney do I need?

    I have an order to appear for examination of Assets and personal info on a debt paid years ago for an incident over 15 years. .I thought this matter was done with as I made final payment over a year or two ago. Just started receiving harassing cal...

    Susan’s Answer

    You may need a civil debt collections defense attorney.

    Ask plaintiff's counsel to send you a detailed accounting of the balance due for the judgment. The accounting should show the original judgment amount plus the COSTS of enforcement (as stated in a memo of costs filed with the court) plus post-judgment INTEREST at 10% per year (as stated in a memo of costs filed with the court) less your PAYMENT(S). Compare his accounting (including checking his computations) with your records and try to resolve any disputes, either with or without legal representation.

    Last, ask him to file with the court an Acknowledgment of (Partial or Full) Satisfaction of Judgment for all the payments you've made. He's required by statute to do this at your request.

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  • Where do I stand on this credit card collection lawsuit and what should I do next?

    from courts page: *****Plaintiff:First Paper Fee Paid *****Defendant :Serve Required (WaitS) *****Pending Hearing: 08/06/2014 : HEARING RE: ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE ISSUED AGAINST PLAINTIFF FOR FAILURE TO...

    Susan’s Answer

    The entry "09/12/2013: DECLARATION RE NON SERVICE OF SUMMONS/COMPL/NTC OF ASSIGNMENT/NTC OF OSC ON (name) FILED " indicates plaintiff tried to serve you with a copy of the summons and complaint, but was unsuccessful. Plaintiff probably will try at least once more to serve you. If plaintiff is unsuccessful, it might dismiss the lawsuit "without prejudice." If so, it might sue you again in the future or sell the debt for pennies on the dollar to a "junk debt buyer," who might then sue you.

    Keep a vigilant eye on the docket. As soon as you see "proof of service filed" -- regardless whether you were actually served -- consult immediately with a debt collections defense attorney. (Or you can do that now.) Once you're served, you only have 30 days to file an answer; otherwise, plaintiff will obtain a default and default judgment against you.

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