Archive for March, 2010

Post Judgment Interest

March 28th, 2010

In California Post Judgment Interest – which is interest that accrue after you have obtained a judgment against someone or entity is as follows:

The Judgment amount multiplied by 10% divided by 365 days = the daily interest amount.

So say you have a Judgment against someone for $5,000.00. The daily interest that is added to your judgment is: 5000 x 0.10 / 365 = $1.37

So for each day that you judgment goes uncollected after it was awarded, you earn $1.37 or $1.37 is added to your judgment for each day that it goes uncollected.

Judgment And Where You Reside

March 9th, 2010

Can a judgment by recorded in a state where you do not reside in?

In order for a Judgment to be entered against you, a complaint must be filed and you must be served with a copy of the complaint. You must be within the jurisdiction of the court to be probably served. For example, if a lawsuit is filed in California, you cannot be served with the California lawsuit in Nevada. You have to be served with the lawsuit while in California.

Once service has been achieved and you failed to respond to the complaint or the court awards a judgment against you then the judgment can be recorded against you even if you no longer reside in California.

Recording a judgment is limited to counties. So if someone has a judgment, they can elect to record the judgment against you in Los Angeles county, Orange County, Ventura County, San Diego County or any other counties within California. All they need to do is file for an Abstract of Judgment and record it.

So, yes someone can record a judgment against you if you NO LONGER reside in a state if you were properly served in that state prior to moving out of that state.

Someone can also take a Judgment in one state and have it recognized in another state. Its called a Sister State Judgment but to get it recognized, they have to serve you with a copy of the Sister State Judgment within the jurisdiction of the Sister State court. The only motivation to do something like that would be if there are assets that they can attached to recover their Judgment or if you reside there.

Bank Levy Limits

March 2nd, 2010

How much can a creditor levy upon your bank account? The answer depends on a number of factors:

The first, is the amount of the judgment awarded and who it is awarded against. If the judgment is awarded against you then the limit is the amount of the judgment and how much you have in the bank account being levied upon.

For example, if you owe $5000.00 according to the Judgment and the Judgment is against you and the creditor levies upon a bank account in your name and there is $10000.00 in the bank account, then the creditor gets the $5000.00 plus interest at the rate of 15% from the date the Judgment was entered plus the cost of obtaining a Writ of Execution ($25.00).

Using the same facts as above but this time you only have $2,000.00 in your bank account then they get to take the entire $2,0000.00. The $2,000.00 is applied against the amount owed in the Judgment. The creditor can then go after your other assets or this bank account until the judgment is satisfied.

The limits are that the creditor can only go after bank accounts in the name of the individuals or entities named in the Judgment. So if the Judgment is against WHO, INC. and you have a personal bank account in the name of John Doe. They can’t levy on your personal account because John Doe is not named in the Judgment.

But they can go after any bank account in the name of Who, Inc.