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Recovering Funds from Sheriff Without Bankruptcy
I had an identity theft case over a decade ago, where defendant new nothing of the judgment or underlying debt until his life savings were levied, This was 12 years after the default judgment (2 years after the original judgment was renewed.) I was able to overcome CCP Section 473.5's two yearcap based upon the Courts inherent equitable powers. The Court has the
inherent equitable power to set aside a default and default judgement on the
ground of extrinsic fraud or mistake. Olivera v. Grace (1942) 19 C2d 570, 576.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 4/5/2016 2:42:48 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
CCP 473.5 establishes an outside limit of two years from entry of judgmentfor a motion to set aside, or six months from notice of entry.
Gary R. Wallace
Law Office of Gary R. Wallace
1950 Sawtelle Boulevard, Suite 120
Los Angeles, CA 90025
Email: garyrwallace@ymail.com
Office: (310) 571-3511
____________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Tuesday, April 5, 2016 12:19 PM
Subject: [cdcbaa] Recovering Funds from Sheriff Without Bankruptcy
I have a client for whom a bankruptcy filing would not help him because hehas too much equity. However, he is the subject of a judgment for a
deficiency on a car loan entered some years ago on which the creditor has levied
over $25,000. The proof of service and the Affidavit in Support of
Default Judgment Under CCP 585 and its exhibits shows that all notices were sent
to the wrong address (i.e., the creditor shows the debtor's address [a
house where he has lived for years] in the purchase agreement but served at a
completely different address). How do you get the sheriff to return the
money to the debtor? Do you have to file a motion to vacate the judgment and
an application for a TRO and preliminary injunction OR is there some otherless burdensome procedural tool (e.g., motion) that may be used in this situation?
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: _go@gobklaw.com_ (mailto:go@gobklaw.com)
website: _www.gobklaw.com_ (http://www.gobklaw.com/)
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of
Certification
*Board Certified - Consumer Bankruptcy Law - American Board of
Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINOAND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
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I had an identity theft case over a decade ago, where defendant new nothing
of the judgment or underlying debt until his life savings were levied,
This was 12 years after the default judgment (2 years after the original
judgment was renewed.) I was able to overcome CCP Section 473.5's two year
cap based upon the Courts inherent equitable powers. The Court
has the inherent equitable power to set aside a default and default judgement on
the ground of extrinsic fraud or mistake. Olivera v. Grace (1942) 19 C2d
570, 576.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 4/5/2016 2:42:48 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
The post was migrated from Yahoo.