Legal Question in Civil Litigation in California

I found out by way of garnishment I had a default judgement, I motion to have the default judgement vacated quashed and won. The sheriff paid me back some of the money but some wen to the alleged creditor how do I get that portion of the money it back in Los Angeles, California


Asked on 9/15/10, 1:33 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You still have to win the underlying case, don't you? If not, sue the creditor. Contact a lawyer about possibly suing the creditor under the fair debt collection practices act. The FDCPA provides for attorney fees if you win. If your original contract with the creditor provides for attorney fees, use an attorney.

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Answered on 9/20/10, 1:38 pm

You don't have to win the case to get your money back, at least for now. File a motion in the court where you got the default set aside, for an order that the money be returned to you.

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Answered on 9/20/10, 2:46 pm
Anthony Roach Law Office of Anthony A. Roach

It's called a motion for restitution. You don't file a separate lawsuit, like Mr. Stone claims.

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Answered on 9/20/10, 3:37 pm


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