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Releasing Funds to Debtor Held by Sheriff
Right, just use the local form for motion to avoid lien on personal
property. -Mike Chekian
Chekian Law Office
Michael Chekian, Esq.
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 (Tel.)
(310) 445-8879 (Fax)
mike@cheklaw.com (e-mail)
cheklaw.com (web site)
Sent: Friday, November 12, 2004 8:13 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Re: Releasing Funds to Debtor Held by Sheriff
Thank you for the response Michael. If I understand your message correctly,
I need to make a motion for order avoiding lien to have the funds released
to the debtor.
Michael Chekian wrote:
The authorities are: CCP S.S. 697.520, 700.140 and 701.040; I usually
attach copies of these code sections to my motion for order avoiding lien on
personal property, and I have not got one denied yet. -Mike Chekian
Chekian Law Office
Michael Chekian, Esq.
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 (Tel.)
(310) 445-8879 (Fax)
mike@cheklaw.com (e-mail)
cheklaw.com (web site)
Sent: Wednesday, November 10, 2004 5:13 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Releasing Funds to Debtor Held by Sheriff
to Mike Chekian,
I am aware that service of a ORAP creates a lien in all debtor's
personal property; but I have not read that the issuance of a writ of
execution creates a lien. What is the CCP cite for this?
Mike Candiotti
> You need to file a motion to reopen case and file a motion to
avoid lien
> because the writ of execution creates a lien in favor of the
judgment
> creditor by state law which needs to be avoided.
>
>
>
> Chekian Law Office
>
> Michael Chekian, Esq.
>
> 11400 W. Olympic Blvd. #200
>
> Los Angeles, CA 90064
>
> (310) 390-5529 (Tel.)
>
> (310) 445-8879 (Fax)
>
> mike@c... (e-mail)
>
> cheklaw.com (web site)
>
>
>
> -----Original Message-----
> Sent: Tuesday, November 02, 2004 11:32 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Releasing Funds to Debtor Held by Sheriff
>
>
>
>
>
> To All:
>
> Summary: Filed chapter 7 for client 7/5/02 to cut off wage
garnishment.
> Debtor
> also had bank accounts emptied under writ of execution prior to
filing.
> After
> filing and serving notice on sheriff and creditor who filed writ,
Sheriff
> held onto
> money and did not disburse to creditor. When I spoke to Sheriff's
Office
> shortly after filing, I was told that I could either obtain an
order from
> the
> bankrupcty court to release the money to the debtor immediately or
the
> debtor could wait 2 years after discharge and money would be
released
> automatically b/c writ would expire. Debtor opted to wait for the
funds to
> be
> released because the amount was fairly small and she didn't have
the funds
> to
> pay for additional work to obtain the order.
>
> Sheriff is still holding onto funds and is now saying debtor needs
to obtain
> an
> order from bankruptcy court to release funds. If anyone has dealt
with this
> issue, any comments would be appreciated.
>
> Wayne Wilhelm
>
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Sponsor
>
>
>
> ADVERTISEMENT
>
>
The post was migrated from Yahoo.
Thank you for the response Michael. If I understand your message correctly, I need to make a motion for order avoiding lien to have the funds released to the debtor.
Michael Chekian wrote:
The authorities are: CCP S.S. 697.520, 700.140 and 701.040; I usually attach copies of these code sections to my motion for order avoiding lien on personal property, and I have not got one denied yet. Mike Chekian
Chekian Law Office
Michael Chekian, Esq.
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 (Tel.)
(310) 445-8879 (Fax)
mike@cheklaw.com (e-mail)
cheklaw.com (web site)
Sent: Wednesday, November 10, 2004 5:13 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Releasing Funds to Debtor Held by Sheriff
to Mike Chekian,
I am aware that service of a ORAP creates a lien in all debtor's
personal property; but I have not read that the issuance of a writ of
execution creates a lien. What is the CCP cite for this?
Mike Candiotti
> You need to file a motion to reopen case and file a motion to
avoid lien
> because the writ of execution creates a lien in favor of the
judgment
> creditor by state law which needs to be avoided.
>
>
>
> Chekian Law Office
>
> Michael Chekian, Esq.
>
> 11400 W. Olympic Blvd. #200
>
> Los Angeles, CA 90064
>
> (310) 390-5529 (Tel.)
>
> (310) 445-8879 (Fax)
>
> mike@c... (e-mail)
>
> cheklaw.com (web site)
>
>
>
> -----Original Message-----
> Sent: Tuesday, November 02, 2004 11:32 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Releasing Funds to Debtor Held by Sheriff
>
>
>
>
>
> To All:
>
> Summary: Filed chapter 7 for client 7/5/02 to cut off wage
garnishment.
> Debtor
> also had bank accounts emptied under writ of execution prior to
filing.
> After
> filing and serving notice on sheriff and creditor who filed writ,
Sheriff
> held onto
> money and did not disburse to creditor. When I spoke to Sheriff's
Office
> shortly after filing, I was told that I could either obtain an
order from
> the
> bankrupcty court to release the money to the debtor immediately or
the
> debtor could wait 2 years after discharge and money would be
released
> automatically b/c writ would expire. Debtor opted to wait for the
funds to
> be
> released because the amount was fairly small and she didn't have
the funds
> to
> pay for additional work to obtain the order.
>
> Sheriff is still holding onto funds and is now saying debtor needs
to obtain
> an
> order from bankruptcy court to release funds. If anyone has dealt
with this
> issue, any comments would be appreciated.
>
> Wayne Wilhelm
>
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Sponsor
>
>
>
> ADVERTISEMENT
>
>
The post was migrated from Yahoo.
The authorities are: CCP S.S. 697.520, 700.140 and 701.040; I usually
attach copies of these code sections to my motion for order avoiding lien on
personal property, and I have not got one denied yet. -Mike Chekian
Chekian Law Office
Michael Chekian, Esq.
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 (Tel.)
(310) 445-8879 (Fax)
mike@cheklaw.com (e-mail)
cheklaw.com (web site)
Sent: Wednesday, November 10, 2004 5:13 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Releasing Funds to Debtor Held by Sheriff
to Mike Chekian,
I am aware that service of a ORAP creates a lien in all debtor's
personal property; but I have not read that the issuance of a writ of
execution creates a lien. What is the CCP cite for this?
Mike Candiotti
> You need to file a motion to reopen case and file a motion to
avoid lien
> because the writ of execution creates a lien in favor of the
judgment
> creditor by state law which needs to be avoided.
>
>
>
> Chekian Law Office
>
> Michael Chekian, Esq.
>
> 11400 W. Olympic Blvd. #200
>
> Los Angeles, CA 90064
>
> (310) 390-5529 (Tel.)
>
> (310) 445-8879 (Fax)
>
> mike@c... (e-mail)
>
> cheklaw.com (web site)
>
>
>
> -----Original Message-----
> Sent: Tuesday, November 02, 2004 11:32 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Releasing Funds to Debtor Held by Sheriff
>
>
>
>
>
> To All:
>
> Summary: Filed chapter 7 for client 7/5/02 to cut off wage
garnishment.
> Debtor
> also had bank accounts emptied under writ of execution prior to
filing.
> After
> filing and serving notice on sheriff and creditor who filed writ,
Sheriff
> held onto
> money and did not disburse to creditor. When I spoke to Sheriff's
Office
> shortly after filing, I was told that I could either obtain an
order from
> the
> bankrupcty court to release the money to the debtor immediately or
the
> debtor could wait 2 years after discharge and money would be
released
> automatically b/c writ would expire. Debtor opted to wait for the
funds to
> be
> released because the amount was fairly small and she didn't have
the funds
> to
> pay for additional work to obtain the order.
>
> Sheriff is still holding onto funds and is now saying debtor needs
to obtain
> an
> order from bankruptcy court to release funds. If anyone has dealt
with this
> issue, any comments would be appreciated.
>
> Wayne Wilhelm
>
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Sponsor
>
>
>
> ADVERTISEMENT
>
>
The post was migrated from Yahoo.
to Mike Chekian,
I am aware that service of a ORAP creates a lien in all debtor's
personal property; but I have not read that the issuance of a writ of
execution creates a lien. What is the CCP cite for this?
Mike Candiotti
> You need to file a motion to reopen case and file a motion to
avoid lien
> because the writ of execution creates a lien in favor of the
judgment
> creditor by state law which needs to be avoided.
>
>
>
> Chekian Law Office
>
> Michael Chekian, Esq.
>
> 11400 W. Olympic Blvd. #200
>
> Los Angeles, CA 90064
>
> (310) 390-5529 (Tel.)
>
> (310) 445-8879 (Fax)
>
> mike@c... (e-mail)
>
> cheklaw.com (web site)
>
>
>
> -----Original Message-----
> Sent: Tuesday, November 02, 2004 11:32 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Releasing Funds to Debtor Held by Sheriff
>
>
>
>
>
> To All:
>
> Summary: Filed chapter 7 for client 7/5/02 to cut off wage
garnishment.
> Debtor
> also had bank accounts emptied under writ of execution prior to
filing.
> After
> filing and serving notice on sheriff and creditor who filed writ,
Sheriff
> held onto
> money and did not disburse to creditor. When I spoke to Sheriff's
Office
> shortly after filing, I was told that I could either obtain an
order from
> the
> bankrupcty court to release the money to the debtor immediately or
the
> debtor could wait 2 years after discharge and money would be
released
> automatically b/c writ would expire. Debtor opted to wait for the
funds to
> be
> released because the amount was fairly small and she didn't have
the funds
> to
> pay for additional work to obtain the order.
>
> Sheriff is still holding onto funds and is now saying debtor needs
to obtain
> an
> order from bankruptcy court to release funds. If anyone has dealt
with this
> issue, any comments would be appreciated.
>
> Wayne Wilhelm
>
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Sponsor
>
>
>
> ADVERTISEMENT
>
>
The post was migrated from Yahoo.
I have a same situation, re Sheriff's levy under the writ.
Last time I had something like this, I called the levying officer at LASD
and they told me that money would be sent back to the bank. And it was
received by the bank, thus for my client within two weeks. LASD said
something like, we give money back to who we got 'em from...
If anyone could share a pleading, it would be great.
Sun N. Han,
Attorney at Law
Confidentiality Note:
The information contained in this electronic mail is legally privileged
and confidential, intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you should immediately stop reading this message. You are hereby notified
that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you receive this communication in error, please
notify us immediately by telephone (toll-free) at (800) 380-0079 and
return the original message to us at the above listed address via
electronic mail then delete it from your system. Thank you.
atty3@koamlaw.com * Tel: 213-251-1777 * Fax: 213-251-1778
Sun N. Han,
Attorney at Law
Confidentiality Note:
The information contained in this electronic mail is legally privileged
and confidential, intended only for the use of the individual or entity
named above. If the reader of this message is not the intended recipient,
you should immediately stop reading this message. You are hereby notified
that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you receive this communication in error, please
notify us immediately by telephone (toll-free) at (800) 380-0079 and
return the original message to us at the above listed address via
electronic mail then delete it from your system. Thank you.
atty3@koamlaw.com * Tel: 213-251-1777 * Fax: 213-251-1778
The post was migrated from Yahoo.
Thanks alot Ty. Any problem getting them to issue a release of the levied funds? Anyway thanks for the response.
Wayne Wilhelm
"Tyson M. Takeuchi" wrote:
Hi Wayne,
I've handled somewhere around 100 of these things. Always get the
plaintiff's attorney to issue a release of the levied funds back to the
debtor after filing the case.
If LASO is handling this levy, they almost always release the funds after
discharge. My client's just take their discharge notice to the civil
processing dept of the LASO and the funds are usually released within 30
days.
Again, funds were levied by order of the plaintiff, so get a release from
the plaintiff's attorney.
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] Releasing Funds to Debtor Held by Sheriff
>Date: Tue, 02 Nov 2004 19:31:40 -0000
>
>
>
>To All:
>
>Summary: Filed chapter 7 for client 7/5/02 to cut off wage garnishment.
>Debtor
>also had bank accounts emptied under writ of execution prior to filing.
>After
>filing and serving notice on sheriff and creditor who filed writ, Sheriff
>held onto
>money and did not disburse to creditor. When I spoke to Sheriff's Office
>shortly after filing, I was told that I could either obtain an order from
>the
>bankrupcty court to release the money to the debtor immediately or the
>debtor could wait 2 years after discharge and money would be released
>automatically b/c writ would expire. Debtor opted to wait for the funds to
>be
>released because the amount was fairly small and she didn't have the funds
>to
>pay for additional work to obtain the order.
>
>Sheriff is still holding onto funds and is now saying debtor needs to
>obtain an
>order from bankruptcy court to release funds. If anyone has dealt with this
>issue, any comments would be appreciated.
>
>Wayne Wilhelm
>
>
>
>
>
>
The post was migrated from Yahoo.
charset="US-ASCII"
You need to file a motion to reopen case and file a motion to avoid lien
because the writ of execution creates a lien in favor of the judgment
creditor by state law which needs to be avoided.
Chekian Law Office
Michael Chekian, Esq.
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 (Tel.)
(310) 445-8879 (Fax)
mike@cheklaw.com (e-mail)
cheklaw.com (web site)
Sent: Tuesday, November 02, 2004 11:32 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Releasing Funds to Debtor Held by Sheriff
To All:
Summary: Filed chapter 7 for client 7/5/02 to cut off wage garnishment.
Debtor
also had bank accounts emptied under writ of execution prior to filing.
After
filing and serving notice on sheriff and creditor who filed writ, Sheriff
held onto
money and did not disburse to creditor. When I spoke to Sheriff's Office
shortly after filing, I was told that I could either obtain an order from
the
bankrupcty court to release the money to the debtor immediately or the
debtor could wait 2 years after discharge and money would be released
automatically b/c writ would expire. Debtor opted to wait for the funds to
be
released because the amount was fairly small and she didn't have the funds
to
pay for additional work to obtain the order.
Sheriff is still holding onto funds and is now saying debtor needs to obtain
an
order from bankruptcy court to release funds. If anyone has dealt with thisissue, any comments would be appreciated.
Wayne Wilhelm
Yahoo! Groups Sponsor
ADVERTISEMENT
The post was migrated from Yahoo.
Hi Wayne,
I've handled somewhere around 100 of these things. Always get the
plaintiff's attorney to issue a release of the levied funds back to the
debtor after filing the case.
If LASO is handling this levy, they almost always release the funds after
discharge. My client's just take their discharge notice to the civil
processing dept of the LASO and the funds are usually released within 30
days.
Again, funds were levied by order of the plaintiff, so get a release from
the plaintiff's attorney.
Ty Takeuchi
>Reply-To: cdcbaa@yahoogroups.com
>To: cdcbaa@yahoogroups.com
>Subject: [cdcbaa] Releasing Funds to Debtor Held by Sheriff
>Date: Tue, 02 Nov 2004 19:31:40 -0000
>
>
>
>To All:
>
>Summary: Filed chapter 7 for client 7/5/02 to cut off wage garnishment.
>Debtor
>also had bank accounts emptied under writ of execution prior to filing.
>After
>filing and serving notice on sheriff and creditor who filed writ, Sheriff
>held onto
>money and did not disburse to creditor. When I spoke to Sheriff's Office
>shortly after filing, I was told that I could either obtain an order from
>the
>bankrupcty court to release the money to the debtor immediately or the
>debtor could wait 2 years after discharge and money would be released
>automatically b/c writ would expire. Debtor opted to wait for the funds to
>be
>released because the amount was fairly small and she didn't have the funds
>to
>pay for additional work to obtain the order.
>
>Sheriff is still holding onto funds and is now saying debtor needs to
>obtain an
>order from bankruptcy court to release funds. If anyone has dealt with this
>issue, any comments would be appreciated.
>
>Wayne Wilhelm
>
>
>
>
>
>
The post was migrated from Yahoo.
To All:
Summary: Filed chapter 7 for client 7/5/02 to cut off wage garnishment. Debtor
also had bank accounts emptied under writ of execution prior to filing. After
filing and serving notice on sheriff and creditor who filed writ, Sheriff held onto
money and did not disburse to creditor. When I spoke to Sheriff's Office
shortly after filing, I was told that I could either obtain an order from the
bankrupcty court to release the money to the debtor immediately or the
debtor could wait 2 years after discharge and money would be released
automatically b/c writ would expire. Debtor opted to wait for the funds to be
released because the amount was fairly small and she didn't have the funds to
pay for additional work to obtain the order.
Sheriff is still holding onto funds and is now saying debtor needs to obtain an
order from bankruptcy court to release funds. If anyone has dealt with this
issue, any comments would be appreciated.
Wayne Wilhelm
The post was migrated from Yahoo.