Legal Question in Business Law in California

Re: Enforcment of Small Claims Judgement

A better way to deal with it is get the writ of execution and have the sheriff levy on the bank account.

Re: Enforcment of Small Claims Judgement

The problem with levying on the account is that the individual who wrote the checks probably isn't the judgment debtor. Therefore, you wouldn't have the right to attach his funds.

Re: Enforcment of Small Claims Judgement

do not cash the checks.

There are many techniques we use.

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Joel Selik

Re: Enforcment of Small Claims Judgement

You have put yourself in a very bad position. In attempting to enforce the judgment you have allowed him to control when the payments will be made. If you catch any of those checks without his consent you will the breach the agreement and he can sue you for damages. My immediate advices get yourself to a real good attorney who can hopefully help you. Don't do anything yourself in now see how successful you werei have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Enforcment of Small Claims Judgement

Written agreement? Did you have your employer's authority to enter into such an agreement? I think you need to go back and either get dated checks (perferably with today's date) or have the maker date the existing checks.

Even though the written agreement may be unenforceable, you could be in trouble with your employer for making such an agreement, which may have the effect of making ultimate collection of the judgment more difficult.

The agreement you made may be invalid for lack of consideration. It may also be invalid because you lacked authority to bind your employer and the debtor should have known that.

Whether you can cash the checks depends upon, among other things, whether there is money in the account on which they are drawn.

If your question is whether attempting to cash the checks, successfully or unsuccessfully, can get you in legal trouble, I would say that if the employer (or you) dated the checks, the debtor COULD in theory allege that was a forgery. Altering a document with intent to defraud is forgery. There is such a strong argument that your company is entitled to the money, however, that I think the risk of conviction is low.

Nevertheless, the proper way to deal with this situation is to demand that the checks be dated or replaced by the maker.