Legal Question in Credit and Debt Law in California
This is a very simple question: I have a disabeled person that oues me money here in California. I have a written signed note from them. I can take them to small claims court if necessary but ARE THERE SPECIAL CONDITIONS ABOUT MY COLLECTING THIS?
Thank you;
Michael
1 Answer from Attorneys
There are no special procedures for collecting against a disabled judgment. You can use the same procedures such as bank levies and wages garnishments (assuming the debtor has a job).
However, things like SSI disability protected and you could not keep any money levied from a bank account that was solely SSI money. I would consider get an order for a judgment debtor's exam and get the debtor's testimony about the nature and extent of their assets to see if the matter is worth pursuing.
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