Central District Consumer Bankruptcy Attorney's Association

CCP 473.5 establishes an outside limit of two years from entry of judgment for a motion to set aside, or six months from notice of entry.Gary R. WallaceLaw Office of Gary R. Wallace1950 Sawtelle Boulevard, Suite 120Los Angeles, CA 90025Email: garyrwallace@ymail.comOffice: (310) 571-3511
com>
To: "cdcbaa@yahoogroups.com"
Sent: Tuesday, April 5, 2016 12:19 PM
Subject: [cdcbaa] Recovering Funds from Sheriff Without Bankruptcy
cause he has 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 other less 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
website: 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 LitigationEstate PlanningOutside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, the information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.

The post was migrated from Yahoo.

I have a client for whom a bankruptcy filing would not help him because he
has 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
other less 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
website: 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 BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
I have a client for whom a bankruptcy filing would not help him because he has 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 other less burdensome procedural tool (e.g., motion) that may be used in this situation?--
The post was migrated from Yahoo.