Writ of execution keeps getting rejected can the defendant file a dismissal Motion ?

Asked over 1 year ago - Los Angeles, CA

Defendant missed her trial, judge would not grant another and judgement was entered .p keeps getting the writ rejected because the p is committing fraud and prentending to be the attorney of record she once worked for .

Attorney answers (3)

  1. Christian Frederick Paul

    Contributor Level 13

    3

    Lawyers agree

    Answered . My colleague is correct. The good news for you, as the defendant / judgment debtor, is that the judgment creditor cannot execute until a valid writ of execution is issued. You have time to check with an attorney to see what to do to protect yourself, claim assets exempt if they are liened and levied, perhaps work something out to resolve the judgment with less sting than the 10% per annum interest that is going to keep accruing otherwise. Good luck.

  2. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Not enough info, to answer. If the pltf has a judgment, and wishes to substitute in as her own atty now, she can do that. She can then submit papers to try to collect on the judgment.

  3. Nicholas Basil Spirtos

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If there is a judgment, which there must be to get a writ of execution, then just screwing up the writ of execution papers is not going to be enough to render the judgment invalid or unenforceable.
    An attorney could review the judgment and underlying papers to see if there might be some way of getting it set aside, or discharged in bankruptcy. It might be wise to consult with someone.

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