Legal Question in Civil Rights Law in California
If I take someone to court and win (either small claims or higher court) and the person has no assets or money, where would my financial reward come from?
1 Answer from Attorneys
When you obtain a judgment (which is what you get when you win in Court) if the defendnat does not voluntarily pay, it is up to you to enforce the judgment. You can do this by garnish the debtor's wages (you fill out certain Court papers and then have the Sheriff serve the employer) or you you must levy on other assets of the debtor (fill out and have court issue certain documents, then the sheriff obtains the assets). You can also bring the debtor into court by having the Court issue an Order for a judgment debtor's examination and have the sheriff serve the debtor; the debtor must then appear in Court for the time set and answer your questions about their assets.