tag:blogger.com,1999:blog-10772130.post115393875434454437..comments2011-10-16T16:34:00.154-07:00Carl Starretthttp://www.blogger.com/profile/06409648966714976610noreply@blogger.comBlogger15125tag:blogger.com,1999:blog-10772130.post-35445295653924659282010-12-20T13:21:28.710-08:002010-12-20T13:21:28.710-08:00If I have a judgment against a business, can I go after them personally, or the spouse,Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-69604354083996807632010-12-01T11:59:03.461-08:002010-12-01T11:59:03.461-08:00Anonymous said...<br />Is there a difference between a court order for money owed and a judgment. If they differ, does one have to convert the court order into a money judgment and how is it done?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-31681717312935120742010-03-12T17:23:18.855-08:002010-03-12T17:23:18.855-08:00&quot;Dear At 7:52 AM, Anonymous&quot;, <br />Just so you know, every state has a set of laws allowing the debtor to appeal on the grounds that the confiscated money is needed for living expenses and should be returned. Each state goes into great detail about what amount is allowed to be exempted from the collection. When a Sheriff conducts a levi or till tap, there is usually a 14 to 30 day period where the money is not distributed to the Judgment Creditor, allowing the Debtor to appeal to the court and get money that&#39;s necessary for basic living expenses returned to them. <br />Also, a till tap is only done on businesses, not individuals.<br />Perhaps knowing that the legislation has already been put in place to mitigate your very concerns will give you some relief. <br /><br />Cheers... in returnsustainestatehttp://www.blogger.com/profile/12839244461229237280noreply@blogger.comtag:blogger.com,1999:blog-10772130.post-75320686955927944822009-04-28T07:52:00.000-07:002009-04-28T07:52:00.000-07:00Till taps/back levies...what next revisiting debtor's prisons? I thought this was America. This may be excusable, legally speaking, but not justifiable, for those hiding while having the means, and not paying. But, like most social problems encountered, the poor and less fortunate will be the ones disproportionately affected by these 'executive means'. After all, they rely more heavily on their money from one pay period to another and are more greatly affected by changes in their income/debt ratios. Are we willing to allow people to go hungry or fail to provide a roof over their heads so we can collect a measly $2500? These actions give not only the legal community a bad name, but place the judicial system and law enforcement in extremely bad light as well. Besides, does anyone understand that if the debtor was unable to pay in the first place then should future collection attempts prove more fruitful? Isn’t this the definition of insanity? But, does anyone care? The answer lies in my previous question. What is $2500 worth? This, my friends, is the difference between a civil society and a society on the verge of collapse and civil unrest. If you allow people to take advantage of the less fortunate, and face it they are not a minority, problems are certain in that society’s future. Sorry for the soap box tirade, but that’s the philosopher in me….thanks for reading...<br /><br />Cheers...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-86812041079341014142008-10-22T10:37:00.000-07:002008-10-22T10:37:00.000-07:00The term "keeper" is the proper legal jargon and you can find it at California Code of Civil Procedure Section 700.070.Carl Starretthttp://www.blogger.com/profile/06409648966714976610noreply@blogger.comtag:blogger.com,1999:blog-10772130.post-50508655498513922772008-10-22T10:26:00.000-07:002008-10-22T10:26:00.000-07:00The section about the till tap/keeper; is there a place in the civil code where one can find this information? And is there a technical term for the "Keeper"?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-75002253599371759442008-08-21T09:41:00.000-07:002008-08-21T09:41:00.000-07:00Is there a difference between a court order for money owed and a judgment. If they differ, does one have to convert the court order into a money judgment?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-10657269526242994972008-08-18T20:55:00.000-07:002008-08-18T20:55:00.000-07:00I have a abstract of judgement for the amount of $24,000 ordered in 2006. The individual that owes me this money served a 2 yr prison sentence and is currently on parole for one year total. I have tried to talk to his parole agent about his status on paying me and she(parole agent), just has given me the run a round for the past 5 months that he is on parole. What i have found out is that he is being taken cared of by his parents, he lives in a luxury aparent, doesn't work, eats, sleeps, and has yet to pay one penny. He is an adult, so what can I do about collecting my judgment.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-3521066028133947242008-07-21T20:37:00.000-07:002008-07-21T20:37:00.000-07:00Is it possible to do a wage garnishment on a debtor's spouse? We have a judgment on someone who doesn't work but his wife does. The judgment was issued after they were married. Also, can you garnish pensions? Any info you have would be appreciated. Thanks!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-30434019734578159092008-02-28T09:20:00.000-08:002008-02-28T09:20:00.000-08:00A California judgment can only be enforced against assets in California. Technically, you should not be able to serve a branch in California if the account is held at an out-of-state branch. Sometimes the bank might comply and turn over the money anyway.<BR/><BR/>The best option is to register the judgment in the state where the debtor lives now and use the laws of that state. That way, there is no question regarding the validity of any levy performed on that state.Carl Starretthttp://www.blogger.com/profile/06409648966714976610noreply@blogger.comtag:blogger.com,1999:blog-10772130.post-38598595620084528802008-02-28T06:32:00.000-08:002008-02-28T06:32:00.000-08:00Great info. Question: If you levy on a bank account in California but the Judgment Debtor now lives in another state that also has branches of the same bank, is the levy still valid?<BR/><BR/>Thank you,<BR/>Colleen BergerAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-82004218745232536652007-02-09T08:41:00.000-08:002007-02-09T08:41:00.000-08:00Carl,<BR/><BR/>Thank you for all your great advise! It's nice to know that we can always depend on you to answer any questions we have regarding the legalities of collection issues, and much, much more! <BR/><BR/>To Your Continued Success!<BR/>Donna VestreDonna Vestre, Presidenthttp://www.SouthCoastRevenue.comnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-1153974186214788342006-07-26T21:23:00.000-07:002006-07-26T21:23:00.000-07:00I debated whether or not to include assignment orders and that topic is probably worthy of a follow up article. The problem with assignment orders is they typically require a noticed motion and the hearing date will usually be at least 4-6 weeks away. Judges are sometimes reluctant to issue an assignment order on an ex parte basis. You can create a lien on commissions by serving the third party with a funds levy or an examination order.<BR/><BR/>Assignment orders are better suited for periodic payments or or the debtor's interest in property for which there is no method of levy such as a partnernship interest. They tend to be time consuming and expensive.Carl Starretthttp://www.blogger.com/profile/06409648966714976610noreply@blogger.comtag:blogger.com,1999:blog-10772130.post-1153971482972428472006-07-26T20:38:00.000-07:002006-07-26T20:38:00.000-07:00Carl -<BR/>I'm in the "judgment collection community" in California and enjoyed reading your informative article. I think it will help a lot of people know just what they can and cannot do. By the by, you didn't mention "Orders of Assignment" and how they can be used to obtain payment on judgments from JDs who receive payment for work via commissions (e.g., real estate sales personnel).<BR/><BR/>Kenneth A. Caspary<BR/>Western Judgment Recovery Services<BR/>(aka WJR Services)<BR/>kcaspary@zzzz4.netAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-10772130.post-1153952214609166672006-07-26T15:16:00.000-07:002006-07-26T15:16:00.000-07:00Carl,<BR/>This is a great informative article, thank you for letting the Credit & Collections group know about it!<BR/>Michelle Dunn<BR/>www.michelledunn.com<BR/>www.credit-and-collections.comAnonymousnoreply@blogger.com