Legal Question in Civil Litigation in California

Re: Order to Produce and Appear - plaintiff

1. the judge can issue a warrent for his arrest.

2. if she has a judgment there will be no trial.

3. she should just execute on the property

Re: Order to Produce and Appear - plaintiff

From the date listed on your post it looks like the Debtor's Exam already happened. If the defendant did not appear the Judge probably issued a bench warrant which really doesn't mean much unless this guy is arrested for something else. However, your sister still may be able to collect her judgment even though he did not appear. Bank accounts are the best way to collect from a private individual however getting their bank account number is pretty hard. Another way to collect on a debt is to garnish their wages directly from their paycheck, this is a little bit easier. You mentioned property or pictures thereof to show proof that he own property. I am not sure what this would accomplish. Forcing the sale of real property is extremely difficult. About the only thing you can do with real property is put a lien on it so if he ever sold it you would be paid after any other previously filed liens against the property. This is the reason I do not recommend going after someone's property unless as a last resort.

If your sister is interested in actually collecting on her judgement have her give me a call or email. I offer free, no obligation consultations on business and collection matters. She can reach my office by phone, toll free at 877-546-9918, or by email at [email protected]. Hopefully he did appear at the Debtor's Exam and gave all the information needed, ie. bank account number, employer, list of property. However, even if he did she still needs to file the proper lien forms with the Court, bank and employer. If she still needs help please have her give me a call. Whether she takes me up on my offer or not, I wish her the best of luck in this matter.

Sincerely,

John Hayes, Esq.