Is the writ of execution used to garnish my wages valid?
I live in California. I found out on November 14, 2012 that there was a default judgment not in my favor, but my feeling has been all along that the papers I have in my hand prove that proper civil procedures were not followed. When looking at the relevant civil code, the first thing mentioned is that there should be a date that the writ was issued; my document has no such date. In fact, what is there is a stamped name. The document in the case file is slightly different than the document I was delivered (the day the money was taken out.) The document has holes on the top as though it was taken from a pre-existing case. I can see the white out lines underneath both Los Angeles and the date the judgment was entered. The fonts are different within the actual document.
I point this out because I did a document of my own to prove it can be done. The document that was not in the case file does not have a payment marker, but the document in the file does. The document that was not in the case file has a court stamp, but the document in the case file does. When I went to the courthouse holding the file to see what was going on, I received a receipt for the copies. The format of the receipt is different. It was my understanding that the writ of execution was to come from the same place.
I have asked myself several questions since my money was taken out. Why was there a substitution of attorney? Why did the original lawyer never send a demand for payment? Why did the company go all the way to Sacramento to get a lawyer when they don't live in Sacramento and neither do I? This is my supposition. Someone must not have known that I filed a response to the court summons in the proper format and within the given time. They proceeding with the case without informing me. They petitioned for the court clerk to issue a default judgment. They were then to go to the judge and get the writ of execution, but there is no signed order by a judge.
The original lawyer must have realized this and didn't proceed for 3 years before the substitution of attorney took place. The company then went to Sacramento and hired a lawyer who wound not have proper access to the case file. The new lawyers created a writ of execution and doctored it up a bit and took it to the Los Angeles Sheriff's Department at the courthouse and presented it. They then had a copy filed in the case file.
I come to this conclusion because of all the little mistakes found on the documents and between the documents. I come to this conclusion because it seems to be that if there is a valid order for a writ of execution, the copy should be clean, free of any type overs. The second most important item for the writ of execution is the signature. I believe they needed a document with a signature and that is why they used a pre-existing form.
Reply from DebtCollectionAnswers.com:
We recommend you talk with a consumer law attorney right away. You may want to talk with Robert Brennan at BrennanLaw.com. He helped coauthor the California edition of our ebook and has a lot of experience dealing with debt collection lawsuits.
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