Legal Question in Civil Litigation in California

Filing a second small claims action $5k on same contract

I have a contract in settlement for an employment action where they agree to pay me payments of $1,460, $1,460 which they paid and a payment of $4,860 due on 10/31/02 which they did not pay. I sued in small claims and have a judgement. The next payment was due 1/31/03 ($4,860) and has not been paid. Small claims form states ''I have/have not filed more than one other small claims action during this year...'' When I spoke with the clerk and told her I wanted to file a second claim, she said I should talk to an atty to be sure it was okay to do so in the Small Claims Court. Thanks


Asked on 3/25/03, 7:15 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Filing a second small claims action $5k on same contract

if you have a judgment for the total amount owed, you may not necessarily have to file another claim, as you may be able to have an attorney and or debt collection agency enforce the original court judgment for you. email me more specific facts to your case and i may be able to be of legal assistance to you here, thanks.

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Answered on 3/25/03, 7:25 pm


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