shelbee

GFCS awarded judgment now levying accounts please advise!

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This pertains to California---

 

Hi All! Its been a while since I have posted and I hope that you are all doing well! My original thread prior to a judgment being filed against me by GFCS, INC.  is on a post on this site as well.  I received two letters from  ‘the KERN COUNTY SHERIFF-CORONER PUBLIC ADMINSTRATOR Civil Section’ this week which included Notices of Levy. I would really appreciate a bit of guidance on how to proceed with this. I will list the letter’s contents being as brief as possible, yet detailed. Thank you in advance for any assistance!!

 

Note: a. Both letters are exactly the same with the exception of the “Garnishee listed”

         b. according to my case summary this case status is: 'disposed by judgment' 

Page  1

1.       Notice of Levy

a.       PLAINTIFF is listed as ‘GFCS, INC etc. and DEFENDANT is listed as ’ my name etc ‘ in all small letters (NOT ALL

          CAPS)

b.       under Writ of ‘Execution (Money Judgment )

c.       TO THE PERSON NOTIFIED (name): ‘my name ,aka, and address in all small letters NOT all caps)

d.       The judgment creditor seeks to levy upon the property in which judgment debtor has an interest and apply it to

          the satisfaction of a judgment as follows: ‘Levy on any and all accounts in the name of the judgment debtor. Do

          not levy on any trust accounts.’

e.       Lists the amount necessary to satisfy the judgment

f.        You are notified as: ‘a judgment debtor ‘

g.       At the bottom it states: Notice of Levy was mailed on  (Date): 01/31/14

                                                                                Delivered on  (Date): 01/30/14

          Signed by: ‘Sheriff’s Authorized Agent- displays signature designated as ‘Levying officer’

h.       Garnishee: lists bank

i.        ‘DONNY YOUNGBLOOD – Sheriff-Coroner

Page 2 

1.       WRIT OF EXECUTION

a.      Limited Civil Case

b.      To the Sheriff or Marshal of the County of ‘KERN’

c.      To any registered process server: ‘You are authorized to serve this writ only in accord with the CC 699.080 or

         CCP 715.040

d.      GCFS, INC.,  a California corporation – ‘judgment creditor’

e.      Judgment debtor(name, type of legal entity stated in judgment of not a natural person, and last known address:  

         ‘lists my name, aka, address  in ALL CAPS

f.       Judgment entered: ’ 04-02-13’

g.      Notice of Sale under this writ: ‘has not been requested ‘

h.      Total judgment with subtotals etc.

i.        Issued on (date) : ‘Jan 07 2014’ (Stamped)

j.        Clerk by:  ‘two signatures and one stamped name’

 

Page  3

1.       EXEMPTIONS FROM THE ENFORCEMENT OF JUDGMENTS

a.       Lists two pages of  just that.. exemptions from the enforcement of judgments

 

What I realize is that there was no separate “Proof of Service” form sent with these letters like this one http://www.courts.ca.gov/documents/pos040.pdf and am wondering if, initially,  a motion can be filed against them for not sending proper proof of service. I should also point out that I did not go to the Meet and Confer. I  cant remember exactly why. I may have been sick… its been that long ago… I do remember that the court originally handling this case was changed during that time as well.

Please let me know your thoughts on the next steps that I should take. 

 

 

Thank you all in advance for assisting me with this.  

 

God bless ~ Have a Great Day! 

 

~ Shelbee   :nannersplit:  ::ImInLove::

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I looked at my case summary again. I thought I may have missed the meet and confer if there was one. It doesnt even list that a meet and confer actually took place. (at one point Greg at GCFS called and wanted to talk about payments.. but now to my recollection, i dont remember a meet and confer order from the court or rather a motion from GCFS........  What I do know is that the trial was set for 7.10.13 and the courthouse was reassigned from one location to another. They even sent a different case number which to this day I still cant access  with that number. the old one  is still working though... i have the entire case summary however, this was listed on the date the default judgment was entered 4.2.13 respectively:

 

04/02/2013 ORDER FOR JUDGMENT ON THE PLEADINGS SIGNED AND FILED.

 

04/02/2013 CAUSE CALLED AT 08:30A M, IN DEPT. F46 , HON. JOHN J.

KRALIK PRESIDING FOR HEARING RE: MOTION FOR JUDGMENT ON

THE PLEADINGS . THE COURT RULES AS FOLLOWS: MOTION

GRANTED. JUDGMENT ENTERED FORTHWITH. SEE JUDGMENT.

 

04/02/2013 JUDGMENT ENTERED AS A FINAL DISPOSITION ON 04/02/13 .

FOR (GCFS INC.) A CALIFORNIA CORPORATION . AGAINST

(BETTY SPAGHETTI) AKA (BETTY SPAGHETTI) .

PRINCIPAL $ 7015.02 . ATTORNEY FEES $ 510.90 .

INTEREST $ 5622.78 . COSTS $ 842.00 . TOTAL $

13,990.70 .

 

I dont have any correspondence which lists 4.2.13 as a hearing date. Why would they award a default judgment in April if the trial was set for July? I did not have the opportunity to plead my case at trial. I dont know if I am missing something here but that fact doesnt make any sense. I am going to search to see I filed it elsewhere. Anyone know why a DJ would be entered prior to the trial date?   thanks again! 
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It looks like they filed a motion for a ruling on the pleadings and you did not file an objection to it or show up at the hearing to argue it, and the judge ruled in the plaintiff's favor. Maybe you were not notified of it or missed it. I don't recall your original thread.

 

You need to pull your court file and see what you are missing. Maybe file for a protective order on your bank account, or  a motion to re consider. Not sure without knowing too much about it. It may be that you are "collection proof" depending on your financial situation. I would not have too much money in your bank account now.

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