Hank Minardo v. R&S Landscape Inc.

On January 25, 2012, Plaintiff Hank Minardo (“Plaintiff”) obtained a default judgment against Defendant Ryan Packer (“Defendant”) in the amount of $57,493.07, plus post-judgment interest at a rate of 10% annually. Defendant thereafter filed for Chapter 7 bankruptcy. On September 22, 2014, Plaintiff obtained a judgment in United States Bankruptcy Court that the default judgment was a non-dischargeable debt under federal bankruptcy law. On October 6, 2017, the bankruptcy court returned the 2014 judgment to this Court.

On January 5, 2018, Plaintiff was issued an Abstract of Judgment in the amount of $57,493.07 and a Writ of Execution in the amount of $57,968.07.

Plaintiff then executed a bank levy on two of Defendant’s accounts at Rabobank, N.A. (Code Civ. Proc., § 700.040.) As of February 6, 2018, the Santa Barbara County Sheriff’s Department is holding $8,512.47.

Defendant filed a claim of exemption, contending the levied funds are “reason........