GDegen

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About GDegen

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  1. Anyone with help? I was thinking of filing the Motion to Tax and then asking the court to issue a SOJ. The clerk should have automatically entered the SOJ if the return writ payed the debt. Would I need to just add that as a request in my final plea or do I need a separate motion? Also, do I need to do any other filing to stop the writ that they filed with this new Memo of costs, or if the court sides with my motion to tax does it become moot?
  2. Was thinking I need to file a motion to tax - but is the fact that they applied credit in wrong order enough? and any link to examples or case law would be appreciated.
  3. Outline: Received new memorandum of costs stating that I owe $0 principal but an additional $2800.00 (rounded) in interest. The case outline is listed below. I do not have all past documentation as I have moved and have to find in storage asap. My question is that according to Ca statue costs must be first applied to fees, accrued interest and lastly to principal. THey are stating I currently have $0 principal owed but still owe interest. This was originally garnished from my check in 2014/15 and I assumed it was paid as sheriff stopped deducting and writ returned in 12/2015. By the time-frame and reduceded payments I probably do still owe some interest as they show I paid $7755.19 to GCFS ( I assume this is their net after sheriff took their admin fees for garnishment) on a judgement of $7493.00. I don't like getting notice years later for interest. Do I have legal croung to contest as they applied payments in wrong order ie to principal first? Weird thing is GCFS is in SLO county, I previously lived in Tulare COunty, worked in Kern COunty but they filed through LA Couty sheriff on first garnishment - shrug. I have since moved and new memorandum of costs was sent to old address. THey could have gotten new address with writing address correction requested on envelopes. Please help in need of strategy as I have a week from today until 15 days passed since mailing date of 11/6/18 (took a few days to forward to me). THanks in advance! 11/08/2018 Writ of Execution (Issued) Tulare Co Clerk 11/08/2018 Memorandum: Costs Postjudgment Cost-$262.00, Credits-$7,755.19, Interest-$2,651.21 Plaintiff 10/18/2017 Writ of Attachment (Filed) Los Angeles Law Enforcement 12/04/2015 Writ Return/Accounting Attachment Filed - Los Angeles County Law Enforcement 07/17/2014 Memorandum: Costs Plaintiff 06/05/2014 Order Claim of Exempt. Denied - Levy is reduced to $150.00 per pay period Judge 06/02/2014 Claim of Exemption - Financial Statement Defendant 05/19/2014 Notice: Opposition to Claim Plaintiff 05/19/2014 Notice of Hearing Claim of Exemption Plaintiff 02/14/2014 Memorandum: Costs Plaintiff 02/14/2014 Writ of Execution (Issued) Los Angeles Plaintiff 09/06/2011 Memorandum: Costs Plaintiff 08/01/2011 Abstract of Judgment Issued Plaintiff 07/20/2011 Judgment: Default (Court) Judgment for $7,493.19 Judge 07/08/2011 Declaration 1033 Plaintiff 07/08/2011 Declaration Accrued Interest Plaintiff 07/08/2011 Declaration Dec of atty fees Plaintiff 07/08/2011 Declaration 585 Plaintiff 07/08/2011 Request: Dismissal Does 1 to 5 Plaintiff 07/08/2011 Request: Default Plaintiff 05/24/2011 Summons/Proof of Service SomeDude- by personal service Plaintiff Served on 05/22/2011 04/29/2011 Declaration Dec of Venue Plaintiff 04/29/2011 Summons: Issued Clerk 04/29/2011 Complaint Plaintiff 04/29/2011 Civil Case Cover Sheet Plaintiff