Legal Question in Credit and Debt Law in California

Collect on judgement

We were awarded a judgement but the attorney we had is no longer able to practice law. We never got notice or were referred to another attorney, the first attorney has all the paperwork, and court orders and never returned all these over to us. How do we go about collecting on the judgement awarded, sense we have no paperwork?


Asked on 11/25/06, 12:52 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Collect on judgement

You can obtain the judgement from the Court files and then go from there. Let me know if we may assist.

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Answered on 11/25/06, 7:34 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Collect on judgement

If you give me all the info you have, the court, the case name, the approximate date of filing, we can probably find the court case on the internet. Then, we can send a runner to pick up the file and make photo-copies. Then we can figure out the best ways to get money from the defendants.

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Answered on 11/25/06, 11:24 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Collect on judgement

Easy. First, you make demand upon your attorney to turn over the documents to you. He/She is required to give them to you (as they are your property). Failure to do so is a violation of one of the Rules of Professional Conduct, which could lead to discipline by the State Bar.

If this is too time consuming, or if you suspect he/she won't cooperate, then you can simply go to the court and get copies of the documents yourself, from the court file. Or you can do it via mail, provided that you know in advance how much the copies will cost. It's easier to do it in person. Most law firms (including mine) have attorney services that can obtain these types of documents for a small charge.

Assuming your attorney is not entitled to a lien on the case, then you shouldn't have any trouble finding an attorney who can begin judgment enforcement proceedings. We are collection attorneys with a statewide practice, and if you decide to move forward, we would be happy to review the underlying documents for you at no charge.

Good luck.

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Answered on 11/25/06, 12:16 pm


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