Legal Question in Civil Litigation in California

CA small claims court collection in foreign state

Is a small claims court judgment obtained in Los Angeles county, CA, enforceable in Ohio? Can I take SC judgement I won in CA and collect from a corporation in Ohio? I filed a claim for FDCPA + CA FDCPA violations statutory damages $2000.00 + costs. Served via cert. mail. Defendant has no agent for S of P in CA. The Debt Collector didn't show up, I won by default. I waited 1 month for their appeal - nothing. Now I want to collect. On the internet it says I need to enroll foreign judgment. Please let me know can I collect a SC judgment in a foreign state and what I need to do.


Asked on 3/10/09, 12:49 pm

4 Answers from Attorneys

Mark Russakow Russakow, Ryan and Johnson

Re: CA small claims court collection in foreign state

You need a sister state judgment. This is the process of telling the ohio court you have a CA court judgment and they will extend full faith and credit on this judgment. Frankly, I would call a collection company to do this as it is very complicated and you will probably have a hard time doing this. Collection agencies are much better suited and they will do it on a no recovery no fee basis. An attorney will charge you way too much. Good luck. Mark.

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Answered on 3/10/09, 1:10 pm
Terry A. Nelson Nelson & Lawless

Re: CA small claims court collection in foreign state

You have to turn your CA judgment into an out of state judgment by filing a new appropriate legal action and pleadings in that other state. Each state is different. Check to see if that court has forms and instructions on line, or contact an attorney in that state.

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Answered on 3/10/09, 1:40 pm
Adam Telanoff Telanoff & Telanoff

Re: CA small claims court collection in foreign state

I agree with Mark.

You need to register your judgment in Ohio, then enforce it there.

You can try it yourself, or hire a collection agency. The judgment is too small to hire a lawyer.

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Answered on 3/10/09, 1:47 pm
Scott Linden Scott H. Linden, Esq.

Re: CA small claims court collection in foreign state

You will need to apply for a sister-state Judgment in Ohio. The forms should be on Ohio's Court site, otherwise, call the clerk and they will send them to you.

Good Luck! Let me know if you need any assistance.

-Scott

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Answered on 3/10/09, 2:24 pm


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