Legal Question in Business Law in California
Claims Enforcment
Hi, we won a judgment against a company in Small Claims Court for the amount of 3621.00 on August 13, 2003. This is a public company, which trades on the US Stock Exchange. I believe that their corporate office is in Canada. We are in California. I�m not sure how to proceed enforcing the judgment. Is any one willing to take this on? If so what are your rates? Thanks, so much. I look forward to hearing from you.
3 Answers from Attorneys
Re: Claims Enforcment
If you are in Northern California, I may be able to help you out. My hourly rate is $200 per hour.
Re: Claims Enforcment
You will need to get a writ of execution and, first, locate assets in California, such as a bank account, computers, printers. Then have the sheriff (or marshal) of that county attach and/or seize such assets. Lawyers might be willing to do that for you by taking a percentage of the recovery, depending on the risks involved.
Re: Claims Enforcment
What collection efforts have you made thus far? You may have tried and failed at getting their payment by semi-voluntary means, but if not, that is the quicker and more economical route.
Most solvent public companies realize they are vulnerable to collection attempts and are sensitive to adverse publicity, and many of them will satisfy their judgment creditors without the necessity of invoking lawyers, sheriffs, sister-state (or foreign jurisdiction) enforcement actions, etc.
Get all the publicly-available information you can about the company from the Web, or your library, or a friendly stock broker, or the SEC. Identify and contact their top corporate officials who may have authority to pay you, e.g. chief counsel, treasurer, etc. , sending a copy of the judgment with a demand letter. This may work.
If you reach a dead end, see an attorney. Looks like you are in San Mateo. That's too far away from me (West Marin) for me to assist you economically. Good luck.
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