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Q: LEGAL - Seizing of property on a money judgment question ( No Answer,   1 Comment )
Question  
Subject: LEGAL - Seizing of property on a money judgment question
Category: Business and Money
Asked by: mattyboy989-ga
List Price: $35.00
Posted: 15 Oct 2005 17:49 PDT
Expires: 17 Oct 2005 21:24 PDT
Question ID: 580752
I am trying to be as specific as possible here.  In the state of
California (City of Los Angeles), does a marshal or sheriff, through a
writ of execution, have the power to seize the home of a person I have
a small claims court money judgment against, if on the trust transfer
grant deed the grantee is "xxxxxxx(name of deceased wife) AS
TRUSTEE OF THE  xxxxxxxx (name of deceased wife)
REVOCABLE TRUST OF 1997" and if this not directly possible is there
any other way to get at his house.

Request for Question Clarification by tutuzdad-ga on 15 Oct 2005 19:20 PDT
The Sheriff of Los Angeles County can, on a Writ of Execution, enforce
your judgment, even if that enforcement requires him to seize property
legally belonging to the defendant and sell it at public auction to
satisfy the adjudicated civil debt. Whether or not YOUR case would
actually involve seizing the person?s home is not something we can
predict without knowing the whole sordid tale including all the
financial details of the person now controlling the home.

CONSUMER AFFAIRS
http://consumer-affairs.co.la.ca.us/SmallClaims/Frame.htm

Does this answer your question?

Tutuzdad-ga

Clarification of Question by mattyboy989-ga on 16 Oct 2005 08:40 PDT
No you have not answered the question.  You have given me some general
answer.  Sorry, please take 3 giant steps backwards.
-MAtthew Schwartz

Request for Question Clarification by tutuzdad-ga on 16 Oct 2005 15:35 PDT
Hopefully someone who knows more about the subject will be able to asist you.

Good luck;
tutuzdad-ga
Answer  
There is no answer at this time.

Comments  
Subject: Re: LEGAL - Seizing of property on a money judgment question
From: myoarin-ga on 17 Oct 2005 19:47 PDT
 
An "Abstract of Judgement" is the equivalent to a "Writ of Execution".
 Check this site, on the second page you will find this:

"3. Lien on Property
A lien is an interest in property that secures payment of a debt or
performance of an obligation. If the victim wants to attach the
offender?s personal or real property, the abstract of judgment form
can be taken to the county recorder?s office and recorded against the
property on file with the county. Victims may contact the local county
recorder?s office for filing requirements. If a victim does not know
what property an offender owns, the victim may use the debtor?s exam
discussed above to discover that information. At the conclusion of the
debtor?s exam, the victim may ask the court or referee to order the
offender (judgment debtor) to use his or her interest in some property
to satisfy the money judgment.64 Such an order creates a lien on the
property or debt."
http://www.1800victims.org/restitution_&_abstract_of_judgement.htm 

The site provided by Tutuzdad gives this under the link following:
"4. Property Liens
An Abstract of Judgment puts a lien on any land, house or other
buildings the debtor owns in the county where the abstract is
recorded. It will prevent the debtor from selling or refinancing any
property until the judgment is paid. Record the abstract in all
counties where the debtor owns property. The debt should be paid if
the property is sold or if the debtor refinances his loan. In Los
Angeles County, you can check with the Assessors Office or the Office
of the Registrar-Recorder for property ownership of the debtor."
http://consumer-affairs.co.la.ca.us/SmallClaims/Frame.htm
Ask the Small Claims clerk for an Abstract of Judgment form for a fee
of $7.00. Take the Abstract to the Los Angeles County
Registrar-Recorder/County Clerk, 12400 Imperial Highway, Norwalk, CA
90650. There is a fee for recording the abstract. In Los Angeles
County, verify the procedures and fees by calling the
Registrar/Recorder, Real Estate Records Section at (562) 462-2133."
http://consumer-affairs.co.la.ca.us/SmallClaims/Frame.htm

A lien is not seizure and eventual sale of the property; this is a
small claims judgement  - max. $ 5000.  The lien assures that one will
eventually get settlement plus interest, which you can also read about
on the consumer affairs site.

I have been assuming that the real estate is in fact the property of the person.

If the question is whether this is so, a little more information about
the trust would help.  Perhaps just to demonstrate my confusion:  Who
are the parties to the revocable trust: both the deceased wife and
husband (your debtor)?  The house in owned by the trust?  He is the
sole surviving trustor?

Scroll further down on the consumer affairs site and you will find
what other steps you can take.

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