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.

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?

Los Angeles, CA -

Attorney Answers (1)

Christian Frederick Paul

Christian Frederick Paul

Debt Collection Attorney - San Juan Capistrano, CA
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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