Legal Question in Civil Litigation in California

Need help in Collecting a Judgement

I filed a suit against a major internet provider for disconnecting my service even though I had paid a year in advance. The court awarded me $1700 plus filing fees. I have waited the required 30 days and they have not appealed. I have contacted the company and always get referred to a line with voice mail. I have left my name and number but no one has called me back. The company did not provide me with a statement of assets. Also, the company's headquarters is located in Georgia, but they are registed with the State of California. The address that I served the documents when I filed the small claims suit was in Roseville. At the end of presenting my case, the defendant informed the judge that the address had changed to Pasadena, California. I have no success finding any property to place a lien on, even though this company is a large corporation.

If I hire an attorney, will I be able to include those costs (for collection only) as an addition to the $1700 award or would this come out of that money.

Any assistance would be appreciated.


Asked on 1/08/02, 7:40 pm

1 Answer from Attorneys

Wayne Smith Wayne V. R. Smith

Re: Need help in Collecting a Judgement

Its always easier to get a judgment than to collect. Especially from a corporation on the internet. Unless you know of an asset [e.g., someone else owes them money, a leasehold deposit, an actual place of business, a bank account, etc.] you will have to do discovery. The only discovery allowed is an Order of Examination, but sounds like you will have trouble finding someone to show up who knows anything. You can file an Abtract of Judgment, but that is passive - gets a hit only if they own real estate and want to sell it. The easiest road is some times the least obvious - do you have a check you gave them, and does it show a deposit stamp on the bank, thus revealing their bank account? That is step one, then call the bank and tell them you have a check for $2100 from them, and will it clear. If they say yes, run - don't walk - to the courthouse to get a Writ of Execution issued and get the sheriff or someone to levy it ASAP. If they have an office, you can put a keeper in there, and pick up all their mail and then their chairs and desks, etc, and sell them. Talk to the sheriff about this one.

And no, once it is a judgment, you do not get to add attorney fees - just levy costs and interest. Sorry. Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

Read more
Answered on 1/08/02, 8:29 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California