Legal Question in Credit and Debt Law in California

I recently won a small claims case as well as the defendant's appeal. My question is about collecting the debt. I was told by the judge that I could NOT collect my legal fees since that was not stated as a direct consequence of non-payment in my original contract with the defendant.

Had I known this ahead of time I would have calculated the defendant's many late fees on non-payment in my small claims request. I also did not know at the time of filing that it would take me a year to finally get a judgement after the defendant's delays and appeal.

Now that I have won the argument, how do I go about collecting not only the judgement but also the late fees that have accrued? (they ARE specifically spelled out in her contract as a consequence of non-payment)

Can I ask for them in my debtor's examination form? (If so I have to cite the statute allowing it) or would I have to file ANOTHER small claim to get these fees?

Thank you.


Asked on 5/25/10, 3:25 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Plaintiff's only get one bite at the apple in small claims case. If they lose, that's the end of the ball game. If you win, then you go to the appeal on the hearing and that's it. You generally can't to back and add stuff that you didn't bring up and trial.

The debtor's exam form can be used to order the debtor to appear and gather information about their ability to pay, not request additional damages.

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Answered on 5/26/10, 5:12 am


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