Category Archives: Court Procedures

Improper Venue

A Defendant can challenge improper venue by moving to transfer venue to another court before or concurrently with its response to the complaint. CCP Section 396b(a) It should be noted that raising the issue as an affirmative defense in your answer is inadequate.

Failure to challenge in a timely manner waives any objection to the Plaintiff’s improper venue selection. Improper venue is not a jurisdictional defect and does not present grounds for collaterally attacking a judgment.

Wage Garnishment

A wage garnishment is a tool that a creditor can use after he has obtain a judgment against a individual debtor. After a judgment is issue, a creditor can ask for a writ of execution. Along with the writ of execution, they can have the sheriff serve a Application for Earning Withholding Order onto an employer of the debtor.

If the debtor works for the employer served, a lien is created on the judgment debtor’s earning that are required to be withheld under the order and on all the employer’s property subject to the enforcement of the money judgment in the amount required to be withheld under the order.

The lien endures for one year after the date the judgment debtor’s earning became payable unless the amount required to be withheld under the order is paid as required by law.

Within 10 days after the service of the earning withholding order, the employer must deliver to the debtor employee a copy of the earning withholding order and the notice to employee of earnings withholding.

Within 15 days after the date of service of the order, the employer must complete the employer’s return and mail it to the levying officer (sheriff). If the earning withholding order is defective, the employer must tell the sheriff why then are not complying with the order (for example, the employee no longer works here).

If the order is valid, the employer is required to withhold the amount set forth in the order and remit that amount to the sheriff office after each pay period.


A money judgment awarded by the court against a defendant (or debtor) in a collection case is good for 10 years. That means that the Plaintiff (or creditor) has 10 years to try to collect or enforce the Judgment until it is satisfied.

At the end of the 10 year period the judgment will expired unless the Plaintiff or creditor elects to renew the Judgment. The Judgment can be renewed by filing out a court form and paying the court fee associated with the renewal. The rate is nominal. Please check the court fee schedule for the correct fee and require form in your area.

If you haven’t satisfied your judgment and it is due to expire, it is a good investment to renew it.

Sheriff Court Services

The Los Angeles Sheriff Office along with any other county like San Diego, Santa Barbara, Ventura, and Orange County Sheriff Office all have a civil section to perform civil task like serving documents, levying bank accounts, placing keepers, move out keeper, garnishing wages and etc.

The Sheriff office also performs the same task that a attorney service can with regards to serving lawsuits and legal documents like subpoenas.

When it comes to doing bank levies, placing a keeper, wage garnishments, or a move out keeper, the Sheriff needs three things: a writ of execution (a court order giving them the right to execute on someone), instructions, and the requisite sheriff fees for the task at hand. Once those elements are satisfied, the Sheriff will personally served the bank levy instruction on the bank or business for a wage garnishment. They will personally appear at the location for a keeper or a move out keeper.

With a 8 hour keeper, they will place an off duty officer at a business. If a retail business is involved they will literally stand next to the cashier and take all monies coming into the business. With a move out keeper, they will come with a moving company and allow the moving company to seize all the assets of a location.

Answering Questions

If a court, government or law firm is levying money from your bank account, do they have to tell you first?

No, they do not. What generally happens is that they will obtain a Writ of Execution from the Court. With the Writ they will have the Sheriff’s office serve levy instructions on your bank. If you bank account exist at the institution that the levy is served upon then the bank will seize an amount that will satisfied the judgment and notify you.

That is the point that you will get notice of the bank levy. The bank then has 10 to 15 days to notify and to send the funds to the sheriff. Doing that time, it is your opportunity to figure out what is happening and ascertain if the bank levy was correct or not.

If they got the right party then the monies will be sent to the Sheriff’s office to send the money to your creditor.

Dismissal – Prejudice Vs. Without Prejudice

When a Request for Dismissal of a case is filed with the court, the difference between a Request of Dismissal with Prejudice and one without prejudice has significant meaning.

A Dismissal with prejudice means that the person suing you can’t sue you for the same thing that was originally alleged in their lawsuit that they dismissed with prejudice.

A Dismissal without Prejudice means that the filing party can refile their complaint against you at another time based on the same facts so long as it is within the Statute of Limitation. If they file a lawsuit and it is outside the Statute of Limitation, you can file a motion to dismiss the complaint.

I hope that clears things up.

Writ of Execution

In today discussion we are going to talk about what you can do with a writ of execution and how you get one from a debt collectors stand point.

To get a writ of execution from the court (which cost $25) you first need to win you case and get a judgment against someone or company. Once you are awarded a judgment, you can file for a Writ of Execution from the court against the person or entity that you have a judgment against. The Writ should be sought from the same court that awarded you your judgment.

The writs work in counties. So you need to do some research and figure out where you want to use your writ. So say your debtor has a bank account in Santa Monica, you will need to get a writ for Los Angeles county since Santa Monica is within the county of Los Angeles.

From a collectors perspective, having a writ of execution allows to levy against bank accounts, place a sheriff to obtain cash, or property.

A writ of execution is a court order granting you an attempt to satisfy a money judgment against someone.