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
Lawsuit / Dispute Attorney
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).
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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.