You must hire a levying officer (a registered process server or a sheriff's deputy) to collect your judgment. You cannot serve the Writ yourself. Look at the information you have about your debtor's assets. Then tell the levying officer about the assets and where they are.
What is an order of final distribution?
A petition for final distribution of probate is a legal document that asks the court to distribute the remaining assets of an estate to the beneficiaries or heirs. It is usually filed by the executor or administrator of the estate after all debts, taxes, and other matters have been resolved.
How long does an executor have to distribute assets in California?
12 to 18 months
In California, state law gives executors or administrators of estates a time limit to complete probate: one year from the date they are appointed to their position. However, extensions can be requested when delays in the process occur—which is why it generally takes 12 to 18 months.
What is a court order to force the sale of real estate to pay a judgment called?
File Writ of Execution. In California, money judgments are enforceable by a writ of execution. In order to enforce the judgment lien, the judgment creditor must obtain a writ of execution, levy and then sell the real property at an execution sale.
How do you get the money after that Judgement?
- If you know where the Judgment Debtor banks, you can ask the Sheriff to collect money from their account (bank account levy).
- If you know where the Judgment Debtor works, the Sheriff can collect 25% of the debtor's wages each pay period until your judgment is paid in full (wage garnishment).
Will I have to sell mom's house to settle debts?
Surviving family members are generally legally entitled to take over a mortgage if they've inherited property. While most of the time creditors cannot take your home itself, they can make claims in an amount that might require you to sell your loved one's house.