Legal Question in Business Law in California
Collection
Hello! Someone owes me $15,000. I have this in writing. The payment was due last week. I began contacting this person 1 month prior to the due date to remind him. He is avoiding my calls and emails. I know where he works and lives, but it's about 50 miles away. Can you tell me what my next steps are? Thank you! Andrea
1 Answer from Attorneys
Re: Collection
File a lawsuit in Superior Court - limited civil jurisdiction in the County where your debtor resides (unless the written evidence of the debt provides another venue). You will need to prepare the Complaint (for breach of contrat, common count, and money lent, among other things), Summons, and Civil Case Cover Sheet (plus any other forms required by your jurisdiction).
You must serve the lawsuit and other related documents. Typically, a private process server is used. You cannot serve the documents yourself. You must file the Proof of Service in court.
Once you obtain judgment, you can then obtain a Writ of Execution and seek to attach his wages (assuming he is a W2 employee), seize his bank accounts, create liens, etc. There are many different ways to enforce judgments.
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