Legal Question in Consumer Law in California

what steps can i take after awarded judgement and 30 day appeal has expired

I was awarded a judgement for the sum of 670.oo, He has 30 days to appeal, I dont think he will, after the 30 days are up, What steps are there to take so I can receive my money, Can I garnish his wages, and how, can I put a lien on his bank account, and how, Why didnt the judge tell him he had to pay the debt back within a certain amount of time, what does the judgement that he and I will be receiving in the mail actually say. This is a summary of my claim defendant is responsible for payment as agreed upon in writing for all charges accrued while using plaintiffs name for cellular service.


Asked on 5/02/00, 3:19 pm

2 Answers from Attorneys

Paul McMeans Law Office of Paul E. McMeans

Re: what steps can i take after awarded judgement and 30 day appeal has expired

Californa judgments are not the end of the process

of getting your money. The judgment is merely

a determination of your respective rights. It will

state that you won the case and the amount of

damages you are entitled to collect. In some cases,

once a judgment is entered, the defendant will

see the writing on the wall and pay up. Send

a letter informing the defendant that it is less

expensive to him to simply pay the judgment

than to fight further, since each step you take causes

you to incur additional expenses, which get added as

"costs" to the judgment award. The next step is to

determine what assets the defendant owns that

are convenient sources from which you may collect. The

court has a form called an order to appear for a

judgment debtor's exam. Get it from the court and fill

it out, file it and serve it. It will order him to

appear at the court and tell you under oath everything

he owns, so that you can select assets against which

to get a further order that he turn the asset over to

you, or an order allowing the sheriff to take it from

him for you. Once you know what he has, then you

apply to the court for a writ of execution against

specific assets. If the assets are liquid, like bank

account deposits, the sheriff collects the money and pays

you. The court may also, upon application, order

a garnishment of wages. Many small claims courts

have a staff person whose job is to assist you in

filling out the proper forms in the right order.

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Answered on 6/19/00, 4:21 am
Ken Koury Kenneth P. Koury, Esq.

Re: what steps can i take after awarded judgement and 30 day appeal has expired

Get the do it yourself book on collecting judgments from www.nolo.com

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Answered on 6/20/00, 9:18 am


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