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How to Enforce an Award of Monetary Sanctions

Sacramento, CA |

I am a pro per plaintiff. The judge issued a minute order (unsigned) ordering monetary sanctions against the defendant. The defendant failed to pay by the due date. Can I get a writ of execution issued or do I need to get a formal signed order first? What is the correct procedure to request a formal award of sanctions? Thank you

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Attorney answers 2

Posted

Follow these steps:

1. Get the court to enter a judgment for the sanctions amount. The following form put on pleading paper with the case caption would suffice:
IT IS ORDERED, ADJUDGED, AND DECREED that JUDGMENT FOR PLAINTIFF be entered against the DEFENDANT (NAME) in the sum of $xxx, pursuant to the sanctions order entered on aa/bb/2014, which Plaintiff has not contested or appealed.

2. Once the judgment is entered, then get the clerk to issue a writ of exection, Judicial Council Form EJ-130 (see link below to forms).

3. Once writ is issued, it can be enforced by the Sheriff, as the levying officer, deliver writ to a place where the debtor has a bank account.

4. If defendant is an individual, have clerk issue an Earnings Withholding Order (EWO) and have their wages garnished when delivered by the Sheriff, as levying officer.

ROBERT STEMPLER (please see DISCLAIMER below).

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

Asker

Posted

Thank you. Would I just send it to the court with a letter requesting it to be signed, and a copy of the minute order? Serve it on all parties?

Robert Harlan Stempler

Robert Harlan Stempler

Posted

Cover letter to the clerk of the court. Serve copy of the judgment on defendant or defense counsel of record and attach a proof of service. Clerks often reject documents that have no proof of service. You may also need to prepare, sign and serve a declaration that the sanctions were not receive. See DISCLAIMER above.

Asker

Posted

Great, thank you so much.

Posted

A sanctions award in a civil lawsuit is merely the right to collect. You would have to enforce the sanctions order just like enforcing a judgment. In California, a sanctions order is enforceable in the same way as a "money judgment". In other words, a writ of execution may be issued by the court and levied on the property of the person sanctioned. (See Code of Civil Procedure sections 680.230, 680.270, 699.510; Newland v. Sup.Ct. (Sugasawara) (1995) 40 Cal.App.4th 608, 615.)

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Asker

Posted

Thank you very much for the answer. Do I need a separate formal signed order, or is the minute order itself enforceable?

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