Writ Of Execution Can Get Complicated!

After the sheriff levied on funds in its bank account, pursuant to a writ of execution, a judgment debtor filed a notice of appeal and a sufficient appeal bond. The debtor gave notice of these documents to the sheriff in order to prevent the sheriff from disbursing the levied funds to the judgment creditor. Nonetheless, the sheriff then disbursed the levied funds to the creditor. It should be noted, the debtor did not file a motion to quash the writ of execution. The debtor filed an ex parte application requesting the trial court to order the creditor to return the funds erroneously disbursed by the sheriff. The trial court denied the request on the basis it had no jurisdiction to do so once the funds had been delivered to the creditor. The debtor filed a petition for a writ of mandate challenging the trial court’s order. The appellate court concluded the trial court was correct when it concluded it lacked authority to order a judgment creditor to return to a judgment debtor funds which had already been disbursed to the creditor by the levying officer. The appellate court noted: “However, the debtor had a more conclusive remedy; it could have sought an order from the court recalling and/or quashing the writ of execution and releasing the liens.” Adir International, LLC v. Sup.Ct. (Fusion Industries) (Cal. App. Second Dist., Div. 3; May 29, 2013) 216 Cal.App.4th 996.