Legal Question in Civil Litigation in California
collecting small claims
I won small claims suit. Debtor would not pay. As soon as he knew I had returned home to Oregon, he filed an appeal. I had to return to Calif. to appear and won again. Can I collect from debtor the amount spent on travel & car rental?
3 Answers from Attorneys
Re: collecting small claims
No
Re: collecting small claims
You might be entitled to recover your costs if the Court found that the appeal was taken in bad faith. Caifornia Code of Civil Procedure section 116.790 allows a successful plaintiff to recover up to $1,000 for actual transportation and lodging costs.
If there is no finding that the appeal was taken in bad faith, you can recover up to $150 in actual expenses. [CCP s. 116.780(c)]
Your problem is that the award of costs should have been made by the judge then and there. You could file a cost bill seeking to recover these costs. If 10 days have elapsed after the appeal was heard, the case is supposed to have been transferred back to the small claims court.
Now all you have to do is collect. I'd be happy to assist you with the collection of your judgment.
Re: collecting small claims
I cannot add anything to the advice of Mr. Telanoff.