Legal Question in Credit and Debt Law in California

Personal Injury Collection of Debt

Many years ago I was awarded a large sum of money by a superior court in California, over thirty thousand. The debter did not pay and years passed and I filied a renewal of judgement. It was accepted and yet I have never been paid. Can I some how file legal papers to garnish Incom tax returns, payroll, or place liens of some kind? Because I was laid off I became over due on my child support and my checks and income taxs are agrnished. Why can't I collect as easy as the goverment does? or can I? How?


Asked on 8/13/02, 1:03 pm

3 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Personal Injury Collection of Debt

I'm sure you've hear the expression that "the judgment is not worth the paper its written on." What that basically means is that, if the judgemnt debtor has no money, the judgment is just a piece of paper. There are many procedures for collecting a judgment if the debtor has assets or income. That is the first thing that you must do. Thereafter, you would have to do some research in a law library to determine the steps to take. They are too numerous and complex to describe in a response such as this. They do, however, include a writ of execution; writ of garnishment; and an Order for Appearance of Judgment Debtor (ORAP).

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Answered on 8/21/02, 11:02 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Personal Injury Collection of Debt

You should hire a collection attorney in the city where the person lives. He can file the necessary papers within the county, which would make the judgment appear on the debtor's credit report, and if you know his place of employment, he can arrange for garnishment of wages.

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Answered on 8/13/02, 2:23 pm
Larry Rothman Larry Rothman & Associates

Re: Personal Injury Collection of Debt

We can help you collect the debt in California. If you fax me the judgment and renewal along with any personal information you have of the Defendant, I will call you and provide you with free consultation.

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Answered on 8/13/02, 8:09 pm


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