GDegen

need startegy help fast GCFA filed mem of costs after judgement paid off by garnishment

3 posts in this topic

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

 

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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.

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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?

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