Procedure to Obtain Deed of Execution

Therefore, you must obtain a writ of execution. I recently undertook this assignment for a family court case at the Stanley Mosk Courthouse, also known as the happiest place on earth. Lucky for you, I’ll describe exactly how I did this below.

• To get a Writ of Execution, you need a binding judgment issued by the court. If you have a court judgment, proceed.
• Fill out the local form “Fam 027″ Application for Issuance of Writ of Possession/Sale/Execution. Note that this is for a family court case. For a civil matter, complete “LA CIV 096″ Request for Issuance of Order of Execution, Possession or Sale. To calculate interest payments, you can use a trial interest calculator. If you don’t trust judgment interest calculators, the California Virtual Self-Help Law Center explains the math on its website. I double checked the math and the judgment interest calculator I used was correct. Sign and date the document.
• Complete Judicial Council Form EJ-130. Check Execution Write. Be sure to complete lines 11 through 18 even if the numbers are 0. The form will be rejected if there are any blanks here. Do not sign this form.
• Complete Judicial Council Form MC-012 – “Memorandum of Costs After Judgment, Acknowledgment of Credit, and Statement of Interest Earned.” Sign and date the first page.
• Prepare service copies of all documents. Make copies of the sides of the documents for the trip to Stanley Mosk. Call the family court clerk’s office and try to reach the clerk in charge of issuing court orders. Please confirm your available times before your trip.
• Drive to Stanley Mosk and try to find parking for less than $10 (good luck). Submit your documents at the filing window on the fourth floor. The cost is $25. You cannot get an order issued by fax, you must travel to the courthouse or have a courier service do it. Use a courier service at your own risk.
• Retrieve the compliant front pages from the issuing clerk and the Writ of Execution EJ-130 with the court seal.
• Submit your copies of service.

*The above procedure may vary drastically depending on the court, the type of sentence and/or the local rules in play. The key to any Writ procedure is to talk to the clerk in charge of issuing the writs. You are at his mercy. If you’ve been to a Los Angeles courthouse filing window recently, you know the lines can be long and brutal. If the lines are full of grumpy people, you can imagine how the employees feel and how they will react when you are not prepared. That’s right, they won’t mind at all.

That’s it, you now have a run script. More to come later on what to do next. Would you do something different? Do you know how to handle this in a different jurisdiction? Feel free to comment below.

The above information does not constitute legal advice or the creation of an attorney-client relationship.