Legal Question in Credit and Debt Law in California

Re: seizing property

Yes, you can get a court order to seize the film, as well as his rights (if any) in the film. Depending on the amount of $ involved, you might need a collections attorney right away. You will also want to read "Collect Your Judgment" from nolo press (nolo.com), available at your local courthouse law library.

Re: seizing property

You can try, you need to set a creditor's judgment debtor's examination to determine what assets are available for attachment prior to an attachment order. However, do not be surprised if the defendant moves to set asside the judgment once collection activity starts. Call me directly at (619) 222-3504.

Re: seizing property

He can file bankruptcy, and if your debt is dischargeable, it can be included. You'll want to get the judgment entered and file your lien right away. Also, though, he would be able to overturn the default judgment within 6 months of it being entered (and then have the right to file an answer to your lawsuit).

As far as collecting, once you have your judgment, you can begin the collection process, including seizure of assets--this must be done through the sheriff's department. If your judgment is substantial, and the defendant has valuable assets, you may want to hire a collections attorney to help.

Re: seizing property

You cannot "seize" the film in the sense that you can't simply go to his office and forcibly take it from him.

You can, however, garnish his bank accounts (assuming you known what bank the account(s) is in, and the account number(s)), and attach any royalties he may be entitled to as a result of any of his films (I assume he has more than one film because you said he is a "film maker").

As far as filing bankruptcy, yes, he can file so long as he meets the criteria set forth in the Bankruptcy Code. You, however, have a claim against his bankruptcy estate, and, if the debt for which you now have a judgment is the type of debt that can be held non-dischargeable in bankruptcy, you may be able to prevent discharge of the debt even if he does file. The types of debts that can be held non-dischargeable are contained in 11 U.S.C. section 523.

My suggestion is that you immediately contact an attorney who practices collection law and discuss this matter with that attorney, particularly if the judgment is sizeable. Most collection attorney have enough knowledge of bankruptcy law to answer all of your questions.