vexatious litigant - Filing Exemtpions to Writs of Execution

[Rintaro]

I wanted to share an experience i am having with a judgement creditor

After the Judgement creditor Filed a levy of my bank, Sept 2006
I filed an Exemption based on the fact that the money in the account was from my Wages/ Earnings

Their ( Judgement Creditor) Replied with a letter sent to the court Citing a California Rules of The Court Rule 321

" Plantiff wishes to submit this case pursuant to CCP 1005.5; California Rules of Court, Rule 321 (c); and the case of Ensher v. Ensher ( 1964) 225 CA2d 318."

I did some reearch and it seems as though the Plantiff is trying to claim me as a vexatious litigant or one guilty of frivilious actions to delay court precedings ..simply because I filed a Valid Claim of Exemption in response to the Write of execution on my bank.

Now when i filed the Exemption I was unprepared and did not have sufficient evidence to present the court that my wages truly were in that account, ( I filed out of a quick unprepared desperation) so result was after the court date my Money was turned over to the creditor.

Well this seems to reveals another tactic that some Judegement CA will try ( this CA First Select ).

This is obvious an attempt to discourage me from filing future Exemptions.

I looked up vexatious litigant and realise that in some states if one is found to be a vexatious litigant they can be denied or forbidden any legal action unless receiving prior approval from a judge. the laws and definitions of vexatious litigant vary by state and it takes more than a simple filing of exemtion without being prepared to have the court declare one Veaxtious or frivilious.

So this brings me here

has anyone experienced a Judegment Creditor Submitting This type of response once an expemtion is filed?

It seems like a tactic to discourage the debtor from filing exemptions or fighting back.

My Question has anyone experienced this? Has anyone here filed more than 1 Exemption in reply to same Judegement creditor

[jp2861]

It sounds like these guys are digging deep to see how much you'll put up with before backing down. I've never filed an exemption but curious if there's anything that says you are prohibited from adding new information to the same exemption you filed. Is it a one time deal or can evidence be added to what you already submitted?

[Rintaro]

Well from what I understand
an exemption can be filed with any new writ of Execution.
Knowing what i know now, the previous exemption i filed would hav ebeen honored had I been more prepared. As a debtor and person filing COE I had the burden of proof that i Failed to meet when in front of the judge.

Now i am more informed and if A writ of Execution is filed for Wage garnishment or Levy of bank then i will most likely have some succes in filing COE.

I am just curious if Anyone here has ever filed COE on Writs of Execution and if so what were the end results or experiences, lessons learned ect..

[FreshLikeADaisy]

Rintaro, the thing that amazes me about what you wrote is that the CA is, in writing that letter, asking the court to examine your filing for, I dunno, evidence of frivolity or whatever, even though every single person whose wages are garnished has the absolute right to file a claim of exemption according to the laws of their state. In other words, the letter itself is frivolous. If that CA isn't careful, they may find that this classic case of projection (where you continuously blame innocent others for exactly what you yourself are guilty of) goes tremendously awry: the court could find *them* guilty of wasting its time, since you are obviously sincere (if a little underprepared at the time...)

Good luck to you!!!

[Rintaro]

Rintaro, the thing that amazes me about what you wrote is that the CA is, in writing that letter, asking the court to examine your filing for, I dunno, evidence of frivolity or whatever, even though every single person whose wages are garnished has the absolute right to file a claim of exemption according to the laws of their state. In other words, the letter itself is frivolous. If that CA isn't careful, they may find that this classic case of projection (where you continuously blame innocent others for exactly what you yourself are guilty of) goes tremendously awry: the court could find *them* guilty of wasting its time, since you are obviously sincere (if a little underprepared at the time...)

Good luck to you!!!

I should point out that it was actually a law office acting on Behalf of a CA who is Judegment creditor.
Either way their tactic in citing cases that reference Vexatious Litigant is very bold attempt at getting me to vacate any attempt at fighting the collection activity which I am well within my rights to do especially since they obtained Judgement on a case i was never served nor notifed of any judgement until they executed a writ. I was in japan when the default judgement was awarded I presented this to judge when I was in court for the Exemption pleadings, since it had been more the 6 months the time frame for me to vacate judgement had expired. i think the Judgement Creditor is very dirty with the way they play they sneakingly try to get me to fax coppies of my pay stub & bank statements as well as try to trick me into electronic pay plans so they can locate my bank.

I will continue to file exemptions to every writ they attempt to execute, And I Will be prepared to submit any proof of validity to the exemptions i file.

Luckily as ill prepared as i was with the last Exemption hearing I did have enough sense NOT to reveal all of my true bank info on the financial statement. So I managed to dodge a bullet of giving them more info.

All this happened in Sept./Oct. 2006 when they managed to levy my bank, ( they have yet to discover my true place of employment so there is not much they can do as of now, of course they could file for a debtors examination. i will deal with that if & when the time comes. although for less thank 4k i don't see them going that extreme. I am not counting that out.

What Worries me is that on 12/24/07 they filed a new Memorandum of costs, which usually precedes Writ of execution.
So I am prepared this time, temporarily going to Paychecks instead of Direct Deposit and Cashing the checks.