Legal Question in Civil Litigation in California
Collecting A civil Judgement
Almost 7 years ago my girlfriend won a civil case for $52,424 against a private party. She had an attorney who never tried to collect the money and moved away less than 2 months after the decision. We recently recieved a letter from a collection agency who wanted to try and collect for us before the judgment runs out in 2010. Is there something we can do to find out more about how we can collect because I cannot find any information about the collection agency and would rather deal with a more reputable company or lawyer and I waited for over an hour for legal aid but they did not answer the call.
3 Answers from Attorneys
Re: Collecting A civil Judgement
First, the judgment can be renewed before it expires.
That said, you might want to hire a lawyer who specializes in collections, as the lawyer must be accountable to the client.
Re: Collecting A civil Judgement
Legal Aid is probably not allowed to help you; it's not the kind of thing they are designed to do. You're right that you'll probably need a private attorney or agency to do the collection.
IF the judgment was properly recorded at the time, and you haven't been contacted by any lenders or title companies, that tells you something - they haven't applied for any loans or sold any real property. If it wasn't recorded, you'd better get it done.
You may be able to track down the debtor and garnish wages or attach bank accounts or other assets found, once you get an attachment writ. Ultimately, if the defendant doesn't have any assets, there won't be anything to collect against.
Feel free to contact me to discuss the facts and issues; I;ll be happy to help you.
Re: Collecting A civil Judgement
Note: the judgment can be renewed. You want to find out as much about the debtor as possible and then use the various methods of collection.
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