Legal Question in Appeals and Writs in California

I won a money judgment and obtained approval on a writ to execute my judgment. I served tenants with a rent levy. Defendant served me with an ex parte notice to appeal and cancel the levy because he states rent is to pay mortgages.

Asked on 6/12/13, 11:27 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That doesn't make any sense at all. Seriously, it doesn't. Rent is what a tenant pays a landlord to possess real property. A levy is on property, including money in a bank account, that belongs to a judgment debtor, not someone else who is a third party and who is owed the money.

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Answered on 6/12/13, 11:34 pm

Charles Perry Law Offices of Charles R. Perry

I agree with Mr. Roach. Something is strange here, in terms of the procedure and the basis for the appeal.

I suggest you consult with an attorney for an hour or so to review the papers and get some advice as to how to proceed. The fees you pay for the consultation will likely be a good investment in pursuing the money you are owed and fending off the appeal.

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Answered on 6/12/13, 11:53 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Roach and Mr. Perry. Your question it doesn't make sense as written. Maybe you and the defendant just don't know the right terms. Whatever the reason, your question is far from clear.

It sounds like your judgment is against the landlord and you are trying to intercept his rent payments before he gets them. Offhand I don't see anything wrong with that. The landlord's plan to use the rent money to pay his mortgage doesn't seem like grounds to block your levy. But I'm not an expert in such things, and I also haven't seen the landlord's arguments.

Whatever he's doing, it almost certainly isn't an appeal. A levy is not an appealable order, and appeals aren't handled ex parte. He's probably bringing some sort of challenge in the trial court.

I would need more information before I could give you a better answer than this.

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Answered on 6/13/13, 12:28 am

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