I won a judgement and the judgement debtor is not paying me the money. I'm in the process of filling of EJ-130 but there are a few questions are unclear.
#17 Fee for issurance of writ.
Recommend which San Jose Sheriff Dept? The one on W. Younger Ave, San Jose is closed due to budget.
Do I need to hire a process server or and I process the paper work?
As for all the fees that I need to pay, Court fees, Sheriff Dept, Bank, and others. I can put it on MC-012 correct, How and when do I file the form and how do I can the money back?
This is from the Court's website:
If the debtor is employed, you can get an Earnings Withholding Order to garnish the debtor's wages until you are paid. You have the right to collect up to 25 percent of the amount over the federal minimum wage that the debtor earns (as long as it is not exempt under other rules). This only works if the other person is employed by someone else. A wage garnishment does not work against someone who is self-employed.
Ask the court to issue a Writ of Execution (Form EJ-130). Click to learn how to ask for a Writ of Execution.
Prepare an Application for Earnings Withholding Order (Wage Garnishment) (Form WG-001).
Hire a process server or the sheriff/marshal to serve the employer with the necessary papers for the wage garnishment.
The process server or sheriff/marshal will usually fill out the Earnings Withholding Order (Form WG-002) using the information from the Writ of Execution. But you may have to fill it out yourself. This form has instructions on the back for the employer explaining how much money to garnish (take) from the debtor's wages.
The process server or sheriff/marshal must also serve the employer with the Employer's Return (Wage Garnishment) (Form WG-005) and Employee Instructions (Wage Garnishment) (Form WG-003). You may have to provide these forms to the process server or sheriff/marshal.
The debtor has 10 days to file a Claim of Exemption (Form WG-006) . If the debtor does file this claim, you have the right to oppose it. Click to learn about a Claim of Exemption for wage garnishments and how to oppose it.
Form MC-012 is the memorandum of costs and interest after judgment. You need to fill this out with all recoverable costs that you have already paid after obtaining the judgment. Also put in the interest accruing since the date of the judgment: For each year, interest is 10% of the full judgment amount; for each day, it is 1/365th of the yearly interest amount. Round down to the nearest penny, never up. Count up the years and days and do the arithmetic up to date, and put that amount into the form.
On form EJ-130, the writ of execution, you can put in the judgment amount, interest, etc., and add the fee for issuing the writ, something that is not on the memorandum of costs because you haven't paid it yet. The amount of the fee will be listed in the court's fee schedule. If any dollar figures on EJ-130 are zero, write in 0.00.
Don't serve anything yourself. Have the Sheriff's Dept. serve the writ and other papers, and keep the receipts. The writ will be used to levy on bank accounts, garnish wages, seize and sell property, and the like. See the court's web site for particulars.
If need be, contact a local attorney who has experience in enforcement of judgment to help you.