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Writ of execution and my business


DJ805
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California

 

I have a judgement against me. It's too late to do anything about it now.

 

A property management company claims i owe them $11,000, which is not true. I tried to settle with them, but they refused

 

This property mgt company does not know where i bank, nor do  they have my bank account #, as i always paid rent in money order

 

I don't own a home. i rent

 

I don't own a vehicle, but i lease

 

My concern is my business DBA, in them getting the sheriff and a writ of execution to take my business equipment. I run a services business and i see customers on a 30 minute or 1 hour basis. I dont get paid daily, because customers pay me up front for a certain amount of sessions. I then won't collect money again from them until 2-3 months later.I am the owner and only employee. 50% cash, 50% check. I don't have a cash register. My overall equipment is valued around $1500, because it's old equipment that i purchased 10 years ago.

Is there anything i can do regarding the writ if they go after my business property? I have 3 children and i support them with my business, so them taking my business property would hurt my family

 

Any suggestions would be greatly appreciated

 

Thanks

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You should consider filing an LLC this will seperate your business from your private debt, It does not cost a lot. You call your secretary of State for the forms, or go to their website.

 

You claim they have a judgment against you and you cannot do anything about it,,,this is not true. What type of judgement a default or summary. A law suit is not over until the defendant decides it is over. You have options. You can file a collateral suit against them in a different court(Superior court) Jurisdiction of the court, which also includes standing to sue, can be challenged even after the case is over, even for years down the road. Subject matter, which is what the court gains when a person proves they have standing to sue is not waivable.

 

Vallely v Northern Fire & Marine Ins. Co., 254 U.S. 348, 41 S.Ct. 116 (1920)
"a void judgment, order or decree may be attacked at any time or in any court, either directly or collaterally" - The law is well-settled that a void order or judgment is void even before reversal.

 

Old Wayne Mut. L. Assoc. v McDonough, 204 U.S. 8, 27 S.Ct. 236 (1907)
“It is clear and well established law that a void order can be challenged in any court.
 

 

You need to study up on the law of voids. What this says in a nut shell, is if a court allows the case to go forward and the plaintiff did not establish standing to sue, which in turn gives the court subject matter jurisdiction the decision in the case is void. But you are the only one that can do anything about it.

 

It is hard to tell if you have a void case without seeing the case. First of all I would say you did not bring up standing to sue during your case. The first thing I would do is file your articles of incorporation to protect your business.

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