Legal Question in Credit and Debt Law in California

How do I collect a judgement that is owed to me?

I was awarded a judgement in court and i need to know how long i have to collect on this and how to go about collecting it.


Asked on 4/12/05, 5:15 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: How do I collect a judgement that is owed to me?

There are many techniques used to collect judgements; from wage garnishment, to abstract recordation, to writ of possession and levy on property. It depends on the debtor, his assets and other matters.

Our Firm handles collections of judgements.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 4/12/05, 5:20 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: How do I collect a judgement that is owed to me?

Judgments in California are valid for 10 years and may be renewed every 10 years for successive 10 year periods. Judgments also accrue interest at the simple rate of 10% per annum from the date of entry until paid.

To enforce your judgment, you should first prepare and have the court issue an abstract of judgment for each California County in which you think the judgment debtor owns real property, then have those abstracts of judgment recorded in each such County. Next, because there are a variety of ways in which to enforce your judgment, you will want to consult the books entitled "California Practice Guide: Enforcing Judgments and Debts" by the Rutter Group. You can find these books in your local law library. Nolo Press has also published a book on collecting judgments which is supposed to be very good. Although I do not recall what that book is called, you should be able to find it at almost any book store.

Finally, if you do not want to collect your judgment yourself, many attorneys, including our firm, handle judgment collections. Some, like my firm charge, an hourly rate, while others charge a percentage of the amount they collect from the judgment debtor.

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Answered on 4/12/05, 6:06 pm


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