Legal Question in Business Law in California
How do we get our money once we win
We suied and won against a public share holders company in Smaill Claims Court. I'm unsure as to what to do next to collect the money. We are located in California. They have a office in Washington. How do we go about collecting on our judgement if they are located in another state.
4 Answers from Attorneys
Re: How do we get our money once we win
First determine if they have any assets in California. If not, you have to get a sister state judgment in Washington. Once you have that judgment, then, you can execute on their assets in Washington. Good luck and thanks for inquiring.
Re: How do we get our money once we win
Get a "sister state judgment" in Washington.
Re: How do we get our money once we win
Your judgment becomes final when the period for appeal has passed without the loser filing a notice of appeal.
You didn't say whether you were represented by counsel at trial, or whether you were in pro. per., got a default judgment, or were in small claims. My advice might vary somewhat in each of these cases. For example, if the matter had been tried in superior court, you should have your lawyer handle this with the opponent's lawyer.
Before going through the sister-state enforcement of judgment process, I would contact the judgment debtor's corporate secretary and/or corporate counsel and request voluntary satisfaction of the judgment. In my experience a solvent corporation that doesn't appeal will be ready willing and able to avoid further hassle and embarrassment.
Re: How do we get our money once we win
If the company has assets in California, you might be able to execute against them, e.g. a bank account. As for a sister-state judgment that my colleague mentioned, you would have to get a certified copy of the California judgment, file an application in Washington for a sister-state judgment and take it from there. Collection attorneys in Washington should handle that either for a fee or a percentage of the recovery. Good luck!
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