Legal Question in Civil Litigation in California
I have a court ruling where the defendant owes me $1235.50. This was settled in a small claims court about two months ago. Till this day the defendant has not paid me any money. I have tried working with the defendant in trying to set up a payment arrangement but she hasn't accepted any of my proposals. I would like to know what I can do to get my money back and soon. This was settled in California.
3 Answers from Attorneys
You can have her hauled into court to provide testimony and evidence of her assets and income. Then you can attach assets or garnish wages.
What Mr. McCormick refers to is a judgment debtor's exam. I just used one to collect a sanctions award against opposing counsel.
A good place to start is at your local law library. Nolo Press has a book that they publish on collecting judgments. It is outstanding, and shows you how to fill out the paperwork, and the steps. There are sections on judgment debtor's exams, bank levies, and getting and recording abstracts of judgment on real property.
Keep in mind that the judgment accrues interest at the rate of 10% per annum until it is paid. However, in order to receive the interest, you must properly apply for it.
If you know where the defendant works or banks, a wage garnishment or a bank levy is an excellent way of getting your money. Every small claims court has a small claims advisor who can point you in the right direction.
If you do not know where the defendant works or banks, then I would initiate a judgment debtor examination. The small claims advisor can help you with that.
Good Luck!
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