FYI: Once sheriff releases wrongfully releases levied funds to creditor, court has no authority to get them back
Posted: Fri May 31, 2013 4:29 pm
Adir International, LLC v. Superior Court (Fusion Industries) - filed May
29, 2013, Second District, Div. Three
Cite as B247117
Full text
http://www.metnews.com/sos.cgi?0513//B247117
"The sole issue raised by this writ petition is whether the trial court has
authority to order a judgment creditor to return to a judgment debtor funds
which have already been disbursed to the creditor by the levying officer. We
conclude that it does not."
Note: the debtor had filed the appeal, which extinguished the lien and
notified sheriff of same.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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