Legal Question in Credit and Debt Law in California

Judgement Recovery

I have recently won a settlement in small claims court. I have not received any written notification from the small claims courts as of yet, but the defendant has made his first payment of $50. The amount was agreed upon in court and due the 15th of each month. The total settlement was just over $2,000. I want to recover those monies sooner than the four years it will take him to pay. Can I preform a Writ of Execution even though I have received that first payment, but have not cashed it yet? Is there any way to recover those monies sooner so I don't have to deal with the defendant for the next few years and whether he makes payment on time?


Asked on 8/23/00, 2:43 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Judgement Recovery

You probably do not have the right to collect the money any sooner, but it would depend on the exact terms of the agreement you entered into. Usually these types of agreements have a provision whereby if he misses a payment the entire amount becomes due immediately. This is called an acceleration clause.

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Answered on 11/29/00, 4:31 am


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