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.
2 Answers from Attorneys
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.
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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