Legal Question in Credit and Debt Law in California
Enforcement of Judgement
I filed a small claims court judgement for $2,900.00. The person never showed up and the judgement was in my favor. How do I go about collecting the money from her (wage garnishement)? I am not sure what options I have.
3 Answers from Attorneys
Re: Enforcement of Judgement
Go back to the court clerk's office. They should have forms needed to begin attachment of wages.
Re: Enforcement of Judgement
You will need an Enforcement of Judgment by Writ of Execution. The most common method of enforcing a money judgment is to levy on the judgment debtor's property under a writ of execution. But this procedure is not exclusive--the you may be able to utilize other enforcement methods (e.g., wage garnishment, assignment order, examination of debtor or third party, etc.). Nonetheless, certain types of property are not subject to execution. You should hire an attorney to assist you with this delicate process.
Re: Enforcement of Judgement
If you know where the Defendant works, you can attach his wages. If you have a copy of any cancelled check showing his bank account, you can levy on it. If you have no information of the Defendant's assets, you can file and serve an Order to Appear for a Judgment Debtor Exam and learn attachable assets from that exam. We handle cases throughout California and will provide you with free consultation if you have any further questions.