Legal Question in Credit and Debt Law in California

A California Promissory Note with 17k and secured by (Personal Property) collateral was taken to small claims and the plaintiff was awarded 7.5k. How do I ensure the collateral assets are sold to satisfy the debt? Do I need to appeal the decision if the disposition of the Assets where not specified in the judgement.


Asked on 3/02/11, 1:32 pm

1 Answer from Attorneys

If you were the plaintiff, you cannot appeal. You made a mess of things by taking a $17k secured loan into small claims, since small claims doesn't have authority to order sale of collateral other than through a writ of execution, and you are now stuck with a judgment for less than $0.50 on the dollar for the debt. All you can do now is enforce the small claims judgment through standard enforcement of judgment process.

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Answered on 3/03/11, 3:46 pm


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