Legal Question in Credit and Debt Law in California
small claims court
I recently went to small claims court and received a judgement against a defendent in the amount of 6000.00. However, that defendent is in the military and has left the State on orders and now resides on the East Coast. What would I have to do to recoup that money?
2 Answers from Attorneys
Re: small claims court
If the defendant no longer has bank accounts or assets in California, then you would need to file your judgment in the proper east coast court of jurisdiction under sister state jurisdiction enforcement of judgment, in order to get full faith and credit toward your collection attempts. You may want to retain an attorney to assist you with this.
Re: small claims court
If you type in [ military garnishment ] as google search terms, the first link is the Defense Financial Accounting Service page with complete information on how to request an allotment from the service member's wages on form DD 2653. You will need the service member's SSN and an original and two copies of a judgment bearing the judge's signature.
Read "Collect Your Judgment" for info on filing post-judgment collection documents such as claims for additional interest and costs. This book will also tell you how to use a post-judgment interrogatory or debtor examination to obtain his SSN.
You might want to write him first and remind him that wage garnishments can affect his security clearance.
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