Legal Question in Credit and Debt Law in California

Collecting small claim judgements

I received a judgement in small claims court, and the defendant neither paid nor filled out the require SC133 form of assets. I served him for an order of examination and subpoena duces tecum for business and personal documents to aid in collection. He didn't show to court and instead sent his wife without any documents. A bench warrant was ordered if he failed to appear with the documents at the next court date. When he showed we were ordered to go and get the paperwork filled out. He again brought nothing and told me he wouldn't. He finally agreed to 4 equal payments and we stipulated that in court. I have judgement against him personally, and his business which he says he's transferred into his mothers name. Now I have no information, and no payments have been made. What papers do I file now..?? Another order of examination, or can you file something for contempt of court.? Thanks.


Asked on 11/25/03, 4:42 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Collecting small claim judgements

Get a Writ of Execution issued. Then take him in on an ORAP (Order for Appearance of Judgment Debtor) at that time not only can you examine him regarding assets and transfers in defraud of creditors, such as the transfer for no consideration to his mother of his busineess, because of the writ, the judge will have the authority to restrain him from transferring or encumbering any uncovered assets, which will give you enough time to have the sherrif or marshall execute on his identified assets to satisfy your judgment. Small Claims court is notoriously reluctant to hold anyone in contempt, in fact, it may not have the authority to do so.

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Answered on 11/25/03, 6:26 pm


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