What can I do if I have a writ of execution that was given to the sheriff's and I just realized that the amount is wrong on it.

Asked about 1 year ago - Los Angeles, CA

My writ with the sheriff is off by at least 800.00 and I just realized the calculation error. Is there any way to fix this.

What happens if it gets paid, can I still collect the difference?

Attorney answers (1)

  1. Christian Frederick Paul

    Contributor Level 13

    Answered . I think this is a double post.

    You can ask the Sheriff to return the writ, then get a new writ issued in the correct amount. This is good if the current writ is $800 too low. If it's $800 too high, just tell the Sheriff to collect the lesser, correct amount only, and you are all right. (Most levy instruction sheets have a space to fill in the lesser amount to collect, for whatever reason.)

    If by chance the writ is $800 too high, and by a miracle the Sheriff sends you a check before you have a chance to make the correction, and the check is in the full amount (i.e., $800 too high), then you can and should send a check for the overage to the judgment debtor, along with a notarized acknowledgment of satisfaction of judgment.

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