So you need to obtain a Writ of Execution. I just recently accomplished this task for a family court case at the Stanley Mosk Courthouse, otherwise known as the happiest place on earth. Lucky for you, I will outline exactly how I did this below.
• To obtain a Writ of Execution, you need a binding judgment issued by the court. If you have a judgment from the court, proceed.
• Fill out local form "Fam 027″ Application for Issuance of Writ of Possession/Sale/Execution. Note that this is for a family court case. For a civil matter, fill out "LA CIV 096″ Application for Issuance of Writ of Execution, Possession or Sale. To calculate interest payments, you can use a judgment interest calculator. If you don't trust judgment interest calculators, the math is explained by the California Virtual Self-Help Law Center at their web page. I double checked the math and the judgment interest calculator I used was correct. Sign and date the document.
• Fill out Judicial Council Form EJ-130. Check Writ of Execution. Be sure to fill out lines 11-18 even if the numbers are 0. The form will be rejected if there are any blanks here. Do not sign this form.
• Fill out Judicial Council Form MC-012 - "Memorandum of Costs After Judgment, Acknowledgment of Credit, And Declaration of Accrued Interest." Sign and date the front page.
• Prepare service copies of all documents. Make copies of face pages of documents for trip to Stanley Mosk. Call the family court clerks' office and try and get a hold of the clerk in charge of issuing writs. Confirm their available hours before your trip.
• Drive to Stanley Mosk and try to find parking under $10 (good luck.) File your documents at the fourth floor filing window. The cost is $25. You cannot get a Writ issued via fax, you must travel to the courthouse or have a messenger service do it. Use a messenger service at your own risk.
• Retrieve conformed face pages from issuing clerk and EJ-130 Writ of Execution with the Seal of Court.
• Send out your services copies.
*The above procedure could vary dramatically depending on the courthouse, type of judgment and/or local rules in play. The key to any Writ procedure is to speak to the clerk in charge of issuing writs. You are at their mercy. If you have been to a Courthouse in Los Angeles filing window recently you know the lines can be long and brutal. If the lines are filled with cranky people, you can imagine how the clerks feel and how they will react when you are unprepared. That's correct, they will not care at all.
That's it, you now have a Writ of Execution. More to come later on what to do next. Would you do anything different? Know how to handle this in a different jurisdiction? Feel free to comment below.
The above information does not constitute legal advice or the creation of an attorney-client relationship.
Source by Sam Herting
