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  1. #1
    Join Date
    Sep 2013
    Posts
    11

    Default Disputing Interest After Judgment on a Writ of Execution

    My question involves judgment recovery in the State of: California

    The judgment creditor has not credited all of the payments which were made to him causing at least $100k difference between actual owed and paid. Memorandum of costs was mailed to an old attorney, over a year ago and so I never knew one had to have one. I don't dispute costs.

    When I couldn't sleep I calculated the interest with 3 different tools to figure out my payoff date and realized then that the payments weren't being offset. I understand that a declaration pursuant to CCP Section 685.050 is filed with the Writ of Execution to declare how interest is calculated.

    If wrong on writ and levy, how can this be corrected?
    Does this have any bearing on the writ and the levy?
    Does it recall the writ and levy in anyway.

    Thank you for any and all help!!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Disputing Interest After Judgment on a Writ of Execution

    Are we talking about a judgment that would or will be satisfied but for the error, or will you continue to owe money even after execution of the writ even by your own calculations? If the former, bring a motion with the court asking that a correct accounting be used and that the debt be deemed satisfied when the correct amount is collected. If the latter, you can ponder whether or not you want to bring a motion now to try to correct the balance due, or bring a motion later, as if you're going to continue to owe money no matter what the outcome of the present writ there's no urgency.

  3. #3
    Join Date
    Sep 2013
    Posts
    11

    Default Re: Disputing Interest After Judgment on a Writ of Execution

    Thank you Mr. Knowitall,

    It is the latter, I will still owe the money after the execution of the writ. Subsequently, there was a levy operating on the writ math and it was also wrong. It did accrue for interest from the writ date to the levy date but it was incorrect.

    If I brought forward a motion right now would that cause the writ to be re-drawn and re-issued? Can, I simply bring it to the attention of the Sheriff's office? Or, do I need to go to a judge. The interest was over 10%. I know it is supposed to be simple 10% per the CCP but I can not find anything that says what to do if it is over 10%.

    Sorry, I inheirited this mess and I am trying by best and am happy to take this off my family member's shoulders. Unfortunately, the previous legal matter wiped out most assets so I am trying to do as much research as I can.

    There is a pending action and a bit of a time delay would be appreciated on my part.

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