Tait

While a judgment creditor is in the process of enforcing its judgment, the probate court orders a conservator for the judgment debtor’s estate. Here we hold that Code of Civil Procedure section 709.030 requires the judgment creditor to apply for payment to the probate court. We affirm the order of the trial court denying the judgment creditor’s motion to require the sheriff to turn over money subject to an execution lien.

Facts

On February 10, 1993, Neiman Marcus obtained a judgment against Connie Tait in the amount of $77,166.20. The judgment was to recover money owed for two fur coats sold to Tait.

On March 3, 1993, Tail’s sisters filed a petition for conservatorship of Tail’s person and estate. On March 8, the court clerk of the superior court issued a writ of execution on the judgment. Neiman Marcus instructed the sheriff to levy against six different financial institutions. The sheriff served the levies on March 26, 1993. On April 12, 1993, World Savings delivered $787.83 to the sheriff in response to the levy.

On April 13, 1993, the probate court issued letters of conservatorship to Tail’s sisters. From April 16 to May 3, financial institutions responded to the…