10 Type the short title of the case and the case number. 11-12 Fill in the dollar amounts to conform to your case.
13 Type your client’s name in all caps exactly as it appears in the Judgment.
14 Type the judgment debtor’s name in all caps exactly as it appears in the
Judgment.
15 Type the county where the property to be seized is located. (Remember, you need a Writ for each county in which you intend to execute upon property.)
16 Type the date it will be signed. 17 Type the attorney’s name or the client’s name in all caps below the signature
line and have him or her sign. Next, you prepare the Writ of Execution to submit along with the Application.
NOTE: CHANGES RELATING TO WRIT OF EXECUTION FORM
C.C.P. § 699.520 lists the information which must be included in a writ of execution. As of January 1, 2011, two additions were made: (1) “If the judgment debtor is other than a natural person, the type of legal entity shall be stated,” and (2) “A statement indicating whether the case is limited or unlimited.” However, the Judicial Council form Writ of Execution will not be revised until January 2012.
Below is an excerpt from the proposed form that the Judicial Council has circulated for public comment, incorporating those changes. For now, you may simply type “limited” or “unlimited” under the case number. If applicable, you should also add the information about the debtor’s status at our Step #5.
Rev. 7/11 9-33
“Writ of Execution” (Judicial Council Form No. EJ-130)
9-34
Rev. 7/11
• •
Complete the top portion as in previous court forms check the boxes before “attorney for” and “judgment creditor” or “assignee of record,” as appropriate. Also type “Limited Civil Case” or “Unlimited Civil Case” below the case number. (See note previous page for why this is required.)
Check the box before “EXECUTION (Money Judgment)” and any others as directed by the attorney.
At #1, enter the county where the property to be levied upon is located. (Remember, you need a separate Writ for each county in which you intend to execute upon property.)
At #3, enter your client’s name in all caps after “(Name):” and below it, check the same box as you did in Step 1.
At #4, enter the judgment debtor’s name and last known address. If the debtor is not a natural person, enter the type of legal entity (e.g., corporation, partnership, etc.) (See note previous page for why this is required.)
At #5, enter the date the Judgment was entered, and, if applicable, the date it was renewed.
If you did not check the “SALE” box in the title, check #7a. If you did check the “SALE” box in the title, then check #7b.
If there is more than one judgment debtor, check #8.
If you checked either the “POSSESSION OF” or the “SALE” boxes in the title, check #9, and be sure to complete #9 on the back of the form.
If the Judgment was rendered outside California, check box #10. If it was rendered in California, leave it blank.
Complete #11-19 to conform to your case.
If you have a Judgment against more than one debtor, and they owe different amounts, check #20, and add an attachment showing the applicable information completed for #11-19. Note: L.A. County has a form [not shown] called “Writ of Execution - Attachment 20" to be used for this purpose.
The clerk will date and sign the form.
The reverse side of the form is a continuation sheet for additional information not provided on the first page.
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