What forms are needed to set aside a writ of execution for a bank levy?

Full question:

I need to make a motion to set aside a writ of execution for a bank levy. I was sued by a creditor. Can you tell what forms I will need?

• Category: Debts and Credit
• Date: 04/07/2025
• State: California

Answer:

The court that issued the writ of execution has the power to grant relief from it, including canceling the execution or any steps taken under it, such as an execution sale. Irregularities related to the judgment, writ, levy, appraisal, sale, or property involved may be grounds for vacating the execution sale. However, there is no guaranteed right to have an execution sale vacated based solely on defects unless it can be shown that a material injury occurred.

To vacate an execution, you can file a motion or a petition with a rule to show cause in the court that issued the writ. All parties whose interests may be affected must be included in the proceedings. A proceeding to vacate an execution is a legal action seeking judicial relief from the issuing court. This is a special and summary proceeding.

Irregularities in the judgment may also justify setting aside the execution, including the writ or any levy or sale, especially if the irregularity renders the judgment void. In some cases, mistakes, accidents, misunderstandings, or surprises may be valid reasons for vacating an execution. However, a motion to quash will be denied if the irregularity only makes the execution voidable and the issue causing the irregularity has been resolved.