Legal Question in Civil Litigation in California

collect on a defalt judgement

I have am in the begining phase of a civil suit (sent a cross-complaint) and we gave them a thirty day extention to answer. It's a week pass that dead line. What will happen now? Is this a defalt judgement? How do I go about collecting legally? My lawyer said that he will give them another five days (he gave with no request from the other side). Which will end this Friday. I want to make sure that I'm a head of this man every step of the way. Is there anyone out there who is willing to help me out and give me ideas? He owns two homes and five cars. I think of a lien but I will have to be patient. I need the money now to pay off the debt that has incured from my lawyer and to pay for damages made by the plaintif. Thank you and have a nice day.


Asked on 9/21/05, 3:57 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: collect on a defalt judgement

Your attorney will file a Default, then request a Default Judgment be entered. You can then demand a Debtor's Exam and/or file the Judgment Lien against any real property this person own. Additionally, copies of the Judgment Lien can be sent to credit reporting agencies and to the IRS as a levy against any refunds that may be due to him, now or in the future. Note, the Judgment is good for 10 years and then requires renewal.

Here is my question: Why aren't you asking your attorney these questions? This is exactly what you pay them for...get your money's worth out of it!

Regards,

Scott Linden

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Answered on 9/21/05, 4:05 pm


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