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The Writ of Execution

Dec 31, 2019 | California

The party of whose favor judgment is given may have a written or order issued for the execution or enforcement of the judgment at any time within 10 years of its entry. If, after the judgment has been entered, the issuance of such a writ or order is retained or ordered by any judgment or court order or by the operation of law, the time during which it is so retained or ordered shall be excluded from the calculation of the 10 years within which execution or order may be issued.

While the length of time the judgment obtained will continue to issue a letter of execution is ten years, according to Section 685 of the Code of Civil Procedure. Provide that a motion supported by affidavits of good cause may extend the time limit for issuance.

Under the terms of the law, failure to supply the affidavits is defined as sufficient grounds to refuse the relief sought.

The proof needed in the affidavits was considered sufficient where the affidavit stated that a search of county records found no property in the debtor’s name. But that was the cause of the failure of the creditor to proceed under Section 681 of the Code of Civil Procedure.

Likewise, where an alimony judgment creditor alleged that her failure to use Section 681 of the Code of Civil Procedure was due to her being out of the state and lacking resources to pursue the assets of the defendant, it was deemed sufficient according to this section for relief.

The Procedure Under the Writ

An undertaking has not been needed as a condition precedent to levy under the execution letter, with the exception of levies directed at bank accounts not standing alone in the name of the judgment debtor. The writing, however, is not self-execution when it is published.

The sheriff or other officer to the one who must be addressed will not differ from the instructions signed by the judgment creditor or his lawyer describing the property to be levied on. It has generally been held that the sheriff is becoming, by virtue of his instructions, at least as to the manner of execution, an agent for the judgment creditor.

The Life of the Writ

The life/ period of the writ no longer extends 60 days.

It must be returned to the court in which judgment is entered in no less than ten days, nor more than sixty days after receipt by the officer to whom it is addressed.  The return shall have no bearing on the sale of the property imposed under that writ before the day of return. Any fee on that writing after that date, however, amounts to an infringement or conversion.

The Judgment Liens

In order to recognize the debt, the judgment creditor need not rely solely on execution. A certified summary of any California judgment or that of any federal court may be registered with the county recorder in compliance with Section 674 of the Code of Civil Procedure.