Isn't that personal service? Just wondering what their point is. Included the Writ but not what I specifically requested per Ca law. I moved out 5 years ago I have a debt collector that is trying to collect on debt. I did not know about the debt until I recently pulled my report. the companies on my report were not companies I recognized so I disputed with Experian ,complaint with CFPB, DV letter to collector. There was 10 trade lines this is the only one I know. The creditor in second position provided partial validation (original creditor is out of business. was bought by the creditor that shows on credit report.) Part of those documents is a Writ of possession shows on the face canceled by plaintiff Shows cost $110 but it was never served by Sheriff they did not include the amount in settlement statement. The rest is convoluted shows a cleaning invoice but for another property. maintenance repair statement has some notes on proration no matter how the numbers are calculated it doesn't add up, not dated reported re-reported not having documents in possession not complying timely, no notices as required. Interest on original amount. No way the could reconcile the original.
A writ of execution (possession of real property) expires 180 days after its issuance date. However, a judgment creditor can apply for a new writ every 180 days as long as the judgment is still valid. A judgment is valid for 10 years, but can be renewed indefinitely.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
Your post is not at all clear but if the only person trying to collect from you is a debt that has been sold, you can settle the debt for pennies on the dollar.
Your post is not that clear as the attorney stated. Based on what it sounds like, there may be confusion regarding the different parts of the what was awarded against you. Since you mention a writ of possession and that you moved out, this sounds like an unlawful detainer (eviction). In eviction cases, a judgment against the tenant can result in both monetary damages for holdover damages (unpaid rent), other damages (costs incurred to enforce and evict, e.g., court costs, process server, attorney's fees if provided for etc.) and possession (via writ of possession). A writ costs money to be issued (preparing, filing, court fees, etc.; sheriffs still charge for attempted service even if you weren't at the property when it was served). Here, if you had moved out, the use of the writ of possession is moot, because the landlord would have gotten back possession. The remaining judgments and costs still stand.
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