Sheriff's instructions must give the name and address of the business. Monies from the till are removed and paid to you. If the defendant owns or is a business that has a "Cash Till" on the premises, you may instruct the Sheriff to execute a TILL TAP LEVY. Our office will need the original writ of execution, signed instructions and a fee of $1,800.00. The advance deposit of $1,800.00 covers the Fee to seize, have it towed to an impound lot and pay storage Fees. If the minimum bid is not received, the vehicle is returned to the defendant. This means the bidding at the auction starts at the automatic exemption amount. If the vehicle is the only one registered to the defendant, there is an automatic exemption. The legal owner may file a claim on the vehicle. Your instructions must state the make, year and license number of the vehicle, and the address where it can be found. Vehicle Levyįee: 1,800.00 (Large Vehicles may require additional deposit)Ī vehicle registered to and in the possession of the defendant may be levied upon and sold at auction by the Sheriff. Our office will need the original writ of execution, signed instructions and a fee of $40.00. A $12.00 processing Fee shall be charged for each disbursement of monies collected under a writ of execution. You will receive a check approximately 1 week to 20 days from the date we request it. Our office does not issue checks directly they are requested from the O.C. If the bank submits payment, our office will make a payment to you within 30 days from the date of levy. Upon receipt of the answer from the garnishee, a copy will be mailed to you. Instructions for filing an opposition are contained in the notice of filing of Claim of Exemption that will be mailed if such a claim is filed. If a Claim of Exemption is filed, you may file an opposition to this claim. The defendant may file a "Claim of Exemption" for return of monies. Though not necessary, the account number will assist the bank in locating the account. It is important that the name on the account be exactly the same as on the judgment. Instructions to the Sheriff must include the name of the bank and the address. Bank LevyĪ defendant's bank account may be garnished. Our office will need the original writ of execution, a completed and signed application for earnings withholding order and a fee of $35.00. Pursuant to government Code 26746, a $12.00 processing Fee shall be charged for each disbursement of monies collected under a writ execution. You will receive a check approximately 1 week to 10 days from the date we request it. Instructions for filing an opposition are contained in the Notice of Filing of Claim of Exemption that will be mailed if such a claim is filed. The defendant is entitled to file a "Claim of Exemption" for return of withheld monies and relief from the order. The employer has 15 days after being served to send an answer to the Sheriff's Department regarding the defendant's employment and pay status. Earnings Withholding OrderĪn EARNINGS WITHHOLDING ORDER requires an employer to send to the Sheriff approximately 25% of the defendant's net earnings each payday. The more time provided would increase our chances of serving the defendant. As these documents must be served no later than 10 days prior to the hearing, please submit the papers for service at least 30 days prior to the court hearing for service. Our office will need 1 copy of the Order for Appearance for service on each defendant a check or money order payable to the Orange County Sheriff and a cover letter of instruction stating who, what and where to serve the papers. Your instructions for service must contain the defendant's address and the attorney of records signature. If he does not appear the court will issue a warrant for his arrest. This order, after being served on the defendant by the Sheriff requires the defendant to appear in court to answer questions about his assets. If you are unaware of the defendant's assets or the location of these assets you may return to the court of judgment and request an ORDER FOR EXAMINATION. As a result, the Writ of Execution Form has been updated to meet these requirements. You must know where the defendant works, banks, has his business, or the year and make of his vehicle.Ī new law has changed the enforcement of money judgements. (If there is an Attorney of Record, ALL INSTRUCTIONS MUST BE SIGNED BY THE ATTORNEY OF RECORD PER CCP 488.030, 687.010). You must give the Sheriff specific instructions regarding the type of levy you want. EFFECTIVE IMMEDIATELY: All future checks submitted to the Orange County Sheriff's Department should be made payable to: COUNTY OF ORANGE - SHERIFF'S DEPARTMENT
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