Legal Question in Appeals and Writs in California

Small Claims Judgment - Form EJ-130 Writ of Execution. Line 16 (Interest after judgment (per filed affidavit CCP 685.020) not on GC 6103.5 fees). Simple question: Is this the daily interest from Date of Judgment to Date of Writ? I assume it is but I need to make sure. And I assume Line 19a is daily interest from Date of Writ to Date of Payment, calculated and provided by the sheriff. Is that correct? And lastly, can I deliver the Writ to a sheriff in a county other than the one where the Small Claim case was heard? (Small Claims case in Walnut Creek, Contra Costa County but I'd like to deliver it to a sheriff in S.F.)

Asked on 12/03/12, 6:03 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach
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You should have posted this in the general civil category, as writs of execution are not the kinds of writs that this category refers to. Most attorneys, however, should be able to answer this question.

Line 16 is the legal interest that has accrued on the judgment from entry of the judgment until the date that the writ is issued. (You have to plan ahead ahead and calculate for the day you take the form to the court.)

You don't fill in 19a, that is for the Sheriff.

Yes, you can deliver the writ to any sheriff for any county in the State of California.

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12/04/12, 11:02 am

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