Legal Question in Credit and Debt Law in California
Steps after default judgment
We have some questions regarding the process that takes place once a request for entry of default court judgment has been approved by the clerk (on behalf of the plaintiff)?
1) What steps are available to the plaintiff once the default judgment is approved?
2) What is the timeline for the steps?
3) Can plaintiff put lien on asset without defendant appearing in court to disclose assets?
4) Can defendant answer request for examination of assets (by completing forms) in writing rather than personally appearing in court?
5) If an asset is co-owned by others, are the others notified/informed of the lien on the shared asset (if there's no pending sale on the asset)?
6) Can judgment be paid by defendant to the court or the plaintiff prior to having to appear in court to disclose assets?
7) Would plaintiff be open to a negotiated settlement by defendant (in order for plaintiff to get some/most of it paid right away if the other alternative is putting a lien on asset)?
7) If plaintiff requests examination of assets, does defendant have any other options for avoiding court appearance?
8) If defendant has insufficient assets to pay judgment, does plaintiff have any other options for collecting judgment amount?
Thank you.
3 Answers from Attorneys
Re: Steps after default judgment
Besides Nolo, you might also try this link if you wish to collect the judgment yourself. It will walk you through some collection steps: http://www.courtinfo.ca.gov/selfhelp/smallclaims/collect.htm. If you get stuck you might retain counsel to help locate assets or force the debtor to come to court and bring all of its [his/her] financial records.
Re: Steps after default judgment
I am sure that answers to most of your questions are available on self help sites on the internet or in books, including those of Nolo Press. The easiest way to let the world know of the judgment is to prepare and have the clerk issue an abstract of judgment, which then gets recorded with the county recorder where the judgment debtor has property and/or lives. It also should be recorded with the secretary of state if the JD is in business. The county recording acts as a lien on real property the JD owns, and allows you to stake a claim against any potential refinancing or sale. Don't forget that the judgment is good for 10 years. Mark your calendar, and if uncollected by then, renew it for another 10. Good luck.
Re: Steps after default judgment
The book Collect Your Judgment from Nolo Press (nolo.com), available in most libraries and in the courthouse law library, will answer all these questions.
You might want to wait a while to execute on the judgment so as to forestall the judgment debtor's possible motion to set aside the default (these are very often granted if made within six months). Then again, if you think the debtor's assets might disappear in the meantime, you might want to act quickly.
Again, the Nolo Press book does a very good job of covering all these topics.
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