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ANNOUNCEMENTS FROM
SOCALPRIVATEDETECTIVE.COM

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BUREAU OF
SECURITY AND INVESTIGATIVE
SERVICES

NOTICE OF LEGISLATIVE SUNSET REVIEW HEARING

March 23 18, 2015

State Capitol Building - Room 4203

9:00 a.m. to 1:30 p.m. - State Capitol Building, Room 4202

2 p.m. – State Capitol Building, Room 4203

(Please note room change when hearing reconvenes at 2 p.m.)

The Senate Committee on Business, Professions and Economic Development (BP&ED) and the Assembly Committee on Business and Professions (B&P), collectively “the Committees”, will be reviewing the Bureau of Security and Investigative Services (Bureau), along with other Department of Consumer Affairs programs, on March 23 18, 2015 at the State Capitol starting at 9:00 a.m.

In regards to the Bureau, the Sunset Review process entails the Committees reviewing the Bureau’s operations for regulating the industries under the Bureau’s jurisdiction and, if applicable, identifying what changes should be made to improve the overall effectiveness and efficiency of the Bureau to ensure that the interests of California’s consumers are protected against incompetent practice or illegal activities.

Each Board/Bureau/Committee (Program) being reviewed is given approximately 60 minutes, which includes time for public comment. Below is a tentative outline of the agenda for each review:

Program presents short “Overview” of its current regulatory operations

Program Responds to Issues, Problem Areas, Questions, and Recommendations identified by the Committees Public Comment is taken Comment by Professional Individuals, Groups, or
Associations is taken Closing Comment by the Program

Approximately two weeks prior to the date of the hearing, the Bureau will receive a “Background Paper” prepared by staff of the Committees for the hearing. This document provides background information concerning the issues staff of the Committees have identified for each program, and where appropriate, staff recommendations to address those issues. The Background Paper will be available to the public on the Senate BP&ED Committee’s Website at the following link:

http://sbp.senate.ca.gov/informationalhearingagendaandbackground

Upon completion of the hearings, the Bureau will have 30 days to submit written responses to all of the issues and recommendations raised by the Committees’ staff on the Background Paper and during the hearing. Certain recommendations may require legislative changes which would be included in a “Sunset Bill” for the Bureau authored by the Committees.

If you have any questions please contact Noreene DeKoning at noreene.dekoning@dca.ca.gov or 916-575-7054. Make sure to reference “BSIS Sunset Hearing” in the subject line of the e-mail.

A copy of this Notice has been posted on the Bureau's website. Click here to view a copy of the Notice.

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SMALL CLAIMS
COLLECTIONS ASSISTANCE
(LOS ANGELES SUPERIOR COURT) 

Putting a Lien on the Debtor's Real Property

To collect from a debtor who will not pay you, you can file a lien on the debtor's real property (like a house or land).  This way when the debtor tries to sell or refinance his or her home, you can get paid your judgment plus accrued interest from the escrow. If you choose not to wait for the debtor to sell or refinance the property, you can look into "foreclosing" on the judgment lien. This means that you force the debtor to sell the property and pay you with that money. This only works when there is enough equity in the property to pay all the liens as well as the costs of foreclosure.

1. Prepare an Abstract of Judgment – Civil and Small Claims (Form EJ-001). All the required information must be included or the lien will not be valid.
2. Take or mail 2 copies of the completed Abstract of Judgment to the court so that the Abstract can be certified by the clerk of the court. There is a fee (about $25) for this. If you use mail, be sure to include an envelope addressed to yourself and with sufficient postage so that the court can return the certified Abstract of Judgment to you.
3. Take the certified Abstract of Judgment and 1 copy to the county recorder's office in the county where you believe the debtor owns real property. Click to find a county recorder. There will be a recording fee (about $20).
4. The county recorder will provide notice to the debtor that you have recorded the Abstract of Judgment.
5. You will not be paid automatically, but if the debtor refinances or sells the property, you may get paid your money with interest.
6. If you believe the debtor owns property in more than 1 county, you will have to repeat this process for each county. Only 1 Abstract of Judgment needs to be recorded per county, even if there are multiple properties within a single county.

Some county assessors will confirm if a debtor owns real property over the phone, or you may be able to find that information online at the county assessor's website. Click to find your county tax assessor.

Having the debtor's house or other real property sold at public auction

You can have the sheriff or marshal take the debtor's real property and have it sold at public auction. For more information, check out California Code of Civil Procedure sections 700.015, 701.540 through 701.680, and 704.710 through 704.850.

This is a relatively complex way to collect a judgment. If you still want to do it, follow these steps:

• Start by getting information about the real property from the county assessor's office and the county recorder's office. Does a bank or other lender have an interest in the property? Are there other owners of the property?
• Have the court issue a Writ of Execution (Form EJ-130) to the sheriff or marshal in the county where the real property is located. Click to learn how to ask for a Writ of Execution.
• Give the sheriff or marshal written instructions and pay their fees. Click to find your county sheriff. The sheriff will probably have a form of "Real Property Levy Instructions." The fees will probably be about $1,000.
• An officer will then serve a Notice of Levy on the debtor and you.
• If the real property is a dwelling, you must ask the court for an order of sale. You must do this within 20 days of receiving notice that the levy has been made. You can use a Request for Court Order and Answer (Form SC-105) to do this.
• After 120 days, an officer will then serve a "Notice of Sale" on the debtor. The notice will be posted in a public place and on the property. It is served on the occupant of the property, if there is one. The notice also is published in the local newspaper and mailed to any lienholders.
• Proceeds from the sale must be distributed within 30 days after the sale. 

Collect From the Debtor's Bank Account or Safe Deposit Box

You can get a levy on the debtor's bank account or safe deposit box. You will need to know the branch where the accounts are kept, and sometimes you also have to know the account number. Check with your small claims advisor or sheriff/marshal for more information on the procedures in your county.

1. Ask the court to issue a Writ of Execution (Form EJ-130). Click to learn how to ask for a Writ of Execution.
2. Then prepare instructions for the sheriff/marshal explaining what you want them to levy (take). Check with your levying officers to see if they have a local form or prepare your own. Click to find your local sheriff.
3. In many counties you will need to hire a process server to serve the bank with the Notice of Levy (Enforcement of Judgment) (Form EJ-150) in order to get the money from the account or property from the safe deposit box. If you hire a process server, he or she generally will prepare the instructions as a part of their fee.
4. At the time of levy or promptly after the levy, a process server or sheriff/marshal must also serve (personally or by mail) the judgment debtor with copies of the writ, notice of levy, and the Exemptions From the Enforcement of Judgments (Form EJ-155). Check to see if you are responsible for providing these forms for service.

The judgment debtor has 10 days to oppose the bank levy before the sheriff sends the money to the creditor. The debtor has to file a Claim of Exemption (Form EJ-160). If he or she does, you have the right to oppose it. The court then may have a hearing to decide whether to turn all or some of the money over to you as the creditor or let the judgment debtor keep it.
Click to learn about a Claim of Exemption for levies or other nonwage garnishments and how to oppose it.
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Collect From the Debtor's Wages

If the debtor is employed, you can get an Earnings Withholding Order to garnish the debtor's wages until you are paid. You have the right to collect up to 25 percent of the amount over the federal minimum wage that the debtor earns (as long as it is not exempt under other rules). This only works if the other person is employed by someone else. A wage garnishment does not work against someone who is self-employed.

1. Ask the court to issue a Writ of Execution (Form EJ-130). Click to learn how to ask for a Writ of Execution.
2. Prepare an Application for Earnings Withholding Order (Wage Garnishment) (Form WG-001).
3. Hire a process server or the sheriff/marshal to serve the employer with the necessary papers for the wage garnishment.
4. The process server or sheriff/marshal will usually fill out the Earnings Withholding Order (Form WG-002) using the information from the Writ of Execution. But you may have to fill it out yourself. This form has instructions on the back for the employer explaining how much money to garnish (take) from the debtor's wages.
5. The process server or sheriff/marshal must also serve the employer with the Employer's Return (Wage Garnishment) (Form WG-005) and Employee Instructions (Wage Garnishment) (Form WG-003). You may have to provide these forms to the process server or sheriff/marshal.

The debtor has 10 days to file a Claim of Exemption (Form WG-006) . If the debtor does file this claim, you have the right to oppose it. Click to learn about a Claim of Exemption for wage garnishments and how to oppose it.



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   For more information contact Paul Cazalet, a State of California licensed Private Investigator
since 1994, Paul Cazalet can be reached via telephone at (818) 310-6711 or (818) 390-7296,
or by email at

 

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