Legal Question in Credit and Debt Law in California
enforce court's judgment and how to collect
I won a small judgment ($1237.34) after suing my former landlord in small claims court. He still won't pay, and I want to know the best way for me to enforce the judgment and get the payment. When I sued, I listed the landlord as an individual and I also listed the corporation that he is the president of. So there are 2 defendants. Should I do a bank levy, a tennant levy, a real estate levy or a ''till tap''? How do I get the info of all the bank accounts in his name and the business, and how do I find out about what properties he owns? I am not sure what is the best way to pursue collecting on this judgemnt. Any advice would be greatly appreciated (FYI: I was told in order to protect himself from a bank levy, this landlord deposits all the tennants' rent checks into one bank account, but then immediately transfers the funds into another account. Therefore, the original account never has funds in it for any extended period of time.) Thanks a lot!
Anna Gottesman
2 Answers from Attorneys
Re: enforce court's judgment and how to collect
I would recommend a keeper's tap. This is when a court-appointed officer or sheriff visits the debtor's place of business and takes possession of the mail and any cash and checks that come in for a period of time (usually one day but as long as one week). You have a great opportunity for collection using a keepers during the week that rent is due. The keepers tap will allow the sheriff to open the mail of the debtor's business and endorse the checks over to the court until the judgment (and the keeper's fees) are satisfied.
You must first file a writ of execution. Then at the same time submit instructions to the sheriff that specify where AND ON WHAT date you want a keeper tap performed. You should contact the court and ask for the sheriff in the civil division. They will inform you as to how much a keepers tap will cost per day. You must pay the sheriff up front. As the sheriff collects, you are then reimbursed for your out-of-pocket costs for the keeper.
Feel free to contact me should you have any further questions or concerns. Good luck!!
Re: enforce court's judgment and how to collect
Thanks for your posting. The easiest way to find out the information you've requested is to set a "JUDGMENT DEBTOR EXAMINATION". You can have the debtor come in, take an oath, and bring paycheck stubs, business and checking information, etc., to find out what would be best to collect from.
Best of luck, Robert
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