Legal Question in Civil Litigation in California

I obtained a default judgment in CA. I mispelled one of the defendant's names. I am trying to get a writ of execution, but the clerk wants me to misspell the name to match the default judgment. I am afraid that the bank won't levy with the misspelled name. What should I do?

Asked on 11/04/13, 11:23 am

2 Answers from Attorneys

Joel Selik

Reuqest the Court, by motion, to amend the judgment to the correct spelling.

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Answered on 11/04/13, 12:05 pm

Anthony Roach Law Office of Anthony A. Roach

You will either have to do what Mr. Selik states, or you are going to have to file an amended pleading, which will open the default and you will have to start the clock over. I suggest trying Mr. Selik's method first.

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Answered on 11/05/13, 6:35 am

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