United States District Court, Central District of California

Attorney Assistance

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Attorney Information Post Judgment Procedures Clerk of Court05/28/2009

Post Judgment Procedures

The following information is provided to assist judgment creditors in collecting monetary judgments. Please note that the number of copies mentioned in each of the categories below is the number of copies required by the Court; an additional copy is required for a conformed copy. All the forms mentioned in these procedures are available on the Court’s website at www.cacd.uscourts.gov.

Writ of Execution - Bank Account

  1. Submit to the clerk’s office an original and one copy of Affidavit and Request for Issuance of Writ of Execution (form CV-24).

  2. Submit to the clerk’s office an original and three copies of Writ of Execution (form CV-23). For each additional judgment debtor, submit an additional copy of the writ.
  3. The clerk will verify all information on the affidavit and the writ; there can be no blank spaces on the forms; additionally:
      • if any monetary category does not apply, a zero amount must be inserted
      • the attorney fee category can only be completed with an amount after attorney fees have been awarded, and the costs category can only be complete with an amount after a bill of costs hearing or awarded by the Court; one writ may be submitted for the judgment, attorney fees, and costs
      • the judgment debtor’s full name and address must be included on the writ
      • see 28 1961 for allowable interest.

  4. Within three days after the receipt of the affidavit and the writ, the clerk will sign the original writ and emboss it with the clerk’s seal; the other two copies of the writ will be name stamped.

  5. The requestor of the writ can either instruct the clerk’s office to return the original writ to the requestor or request that a copy of the application and the writ be delivered to the U.S. Marshal’s Service; if someone other than the U.S. Marshal’s Service or a state or local law enforcement officer authorized by state law to effect service is going to serve the writ, the requestor must file a pleading with the Court entitled Request and Order for Appointment of Process Server; the Request and Order shall contain the name of the process server the requestor intends to use for service. For information and requirements regarding the U.S. Marshal’s Service serving a writ, as well as inquiring about their service fees, please call (213)894-2485.

  6. Should the original writ of execution be lost and another writ of execution be requested, a declaration must be submitted to the clerk’s office stating the circumstances surrounding the loss of the original writ. Should a writ of execution be returned by the U.S. Marshal’s Service because no money was collected, and the judgment creditor wants another writ in order to serve another bank, the original writ must be filed with the clerk’s office before a second original writ will be issued. All writs issued after the first writ of execution, either because the original writ was lost or because another creditor is to be served, are known as alias writs. With each additional writ requested, the requestor must also file an Affidavit and Request for Alias Writ, and note the sequence number of writ requested. For example, an Affidavit and Request for Third Alias Writ will accompany the request for a third writ of execution. There is no limitation to the number of alias writs that may be requested and issued.
Writ of Execution - Real Property
Follow the procedure for obtaining a writ of execution - bank levy, but submit to the clerk’s office an original and four copies of the Writ of Execution (form CV-23).

Writ of Execution - Wages

Follow the procedure for obtaining a writ of execution - bank levy.

Abstract of Judgment - Real Property

  1. In order to have an abstract of judgment recorded against real property, submit original and two copies to the clerk's office and one Abstract of Judgment (form G-18) for each abstract requested. The clerk’s office does not issue copies of abstracts.

  2. The clerk’s office will verify the information on the abstract and will return the abstract to the requestor within three days.

  3. The requestor must submit the abstract to the county recorder for recording. Please note that county recorders will not accept for recording any abstract that contains white outs or corrections.

Registering a Judgment from Another District
  1. To register a judgment obtained in another district, submit the appropriate fee to the clerk’s office, a Certification of Judgment for Registration in Another District (AO form 451) or other equivalent certification form from the other district certifying the appeal period, and one certified copy of the judgment.

  2. Once the foreign judgment is registered, writs and abstracts can be issued by the Court.

Obtaining a Judgment for Registration in Another District
  1. Request from the Clerk’s Office a certified copy of the judgment. There is a per page charge for a copy of the judgment and a fee to certify the judgment. Please refer to the Schedule of Fees.

  2. The Clerk’s Office will prepare a Certification of Judgment for Registration in Another District (form CV-101) and attach it to the certified copy of the judgment. There is a fee to certify form CV-101. Please refer to the Schedule of Fees.

  3. Submit the Certification of Judgment for Registration in Another District, the certified copy of the judgment, as well as any required filing fee, to the District Court Clerk’s Office in the district where application will be made for writs of execution or abstracts of judgment.